Law No. 99/1963 Coll. Civil Procedure

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(Effective from 25 February 2013 to 29 April 2013)

99/1963 Coll.

Civil Procedure

of 4 December 1963

As amended by Law No. 36/1967 Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975 Coll.

Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991 Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll.

Act No. 24/1993 Coll., Act No. 171/1993 Coll., Act No. 283/1993 Coll., Act No. 117/1994 Coll., Act No. 152/1994 Coll.

Act No. 216/1994 Coll., Act No. 84/1995 Coll., Act No. 118/1995 Coll., Act No. 238/1995 Coll., Act No. 118/1995 Coll.

Act No. 160/1995 Coll., Act No. 238/1995 Coll., Act No. 247/1995 Coll., Act No. 31/1996 Coll., Act No. 142/1996 Coll.

Constitutional Court No. 269/1996 Coll., Act No. 202/1997 Coll. , Act No. 227/1997 Coll., Act No. 15/1998 Coll.

Act No. 91/1998 Coll., Act No. 165/1998 Coll., Act No.326/1999 Coll., Act No. 360/1999 Coll. judgment No. 2/2000 Coll.

Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No. 46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll.

Act No. 155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No. 227/2000 Coll., Act No. 367/2000 Coll.

Act No. 370/2000 Coll., in the wording of Act No. 69/2001 Coll., Act No. 120/2001 Coll., Act No. 137/2001 Coll.

Act No. 231/2001 Coll., Act No. 271/2001 Coll., the Constitutional Court No. 276/2001 Coll., Act No. 317/2001 Coll.

Act No. 451/2001 Coll., Act No. 491/2001 Coll., Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.

Act No. 226/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll., Act No. 88/2003 Coll., Act No. 120/2004 Coll.

Constitutional Court No. 153/2004 Coll., Act No. 237/2004 Coll., Act No. 257/2004 Coll., Act No. 340/2004 Coll.

Act No. 436/2004 Coll., Act No. 501/2004 Coll., Act No. 554/2004 Coll., Act No. 555/2004 Coll., Act No. 628/2004 Coll.

Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No. 205/2005 Coll., Act No. 216/2005 Coll., Act No. 342/2005 Coll.

Act No. 377/2005 Coll., Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.

Act No. 79/2006 Coll., Act No. 112/2006 Coll., Act No. 113/2006 Coll., Act No. 115/2006 Coll., Act No. 133/2006 Coll.

Act No. 134/2006 Coll. and Act No. 135/2006 Coll., Act No. 189/2006 Coll., Act No. 216/2006 Coll., Act No. 233/2006 Coll.

Act No. 264/2006 Coll., Act No. 308/2006 Coll., Act No. 315/2006 Coll., Act No. 296/2007 Coll., Act No. 104/2008 Coll.

Act No. 123/2008 Coll., Act No. 126/2008 Coll., Act No. 129/2008 Coll., Act No. 259/2008 Coll., Act No. 274/2008 Coll., Act No. 295 / 2008 Coll.

Act No. 305/2008 Coll., Act č.384/2008 Coll., Act No. 7/2009 Coll., Act No. 198/2009 Coll., Act No. 218/2009 Coll., Act No. 227 / 2009 Coll.

Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No. 286/2009 Coll., Act No. 420/2009 Coll., the Constitutional Court No. 48/2010 Coll.

Act No. 347/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2011 Coll., Act No. 139/2011 Coll., Act No. 186/2011 Coll., Act No. 188 / 2011 Coll.

Act No. 218/2011 Coll., Act No. 355/2011 Coll., Act No. 364/2011 Coll., Act No. 420/2011 Coll., Act No. 470/2011 Coll., the Constitutional Court No. 147/2012 Coll., Act No. 167/2012 Coll.

Act No. 202/2012 Coll., Act No. 334/2012 Coll., Act No. 396/2012 Coll., Act No. 399/2012 Coll., Act No. 401/2012 Coll., Act No. 404 / 2012 Coll. and Act No. 45/2013 Coll.

note. editor: Amendment No. 309/2002 Coll. enter into force on 1 January 2015 and is not incorporated, since the relevant provisions of this Act has been previously adapted novels.

The National Assembly of the Czechoslovak Socialist Republic has passed the following Act:

PART ONE

General Provisions

Head first

Basic Provisions

§ 1

Civil Procedure governs the procedure of the court and the parties in civil proceedings in order to ensure equitable protection of rights and legitimate interests of the participants, as well as education to the maintenance of law, to carry out the duties of honor and respect for the rights of others.

§ 2

In the civil trial courts hear and decide disputes and other legal matters and carry out enforcement, which has not been met willingly; shall see, but do not violate the rights and legally protected interests of natural and legal persons, and that the rights could be abused to the detriment of the people.

§ 3

Civil proceedings is one of the guarantees of legality and serve its consolidation and development. Everyone has the right to seek court protection in law, which has been threatened or violated.

§ 4

canceled

§ 5

The courts provide the participants of their procedural rights and obligations.

§ 6

In the proceedings, the court, in cooperation with all the parties, so that the protection of rights was fast and efficient and that the facts that are disputed between the parties, were reliably detected.

Title Two

Courts

Authority

§ 7

(1) In civil proceedings courts hear and decide disputes and other legal matters that arise from civil, labor, family and business relationship if it is not dealt with in accordance with the law and make decisions about them other organs.

(2) Litigation and other legal matters referred to in paragraph 1, which by law decided by authorities other than courts, courts in civil proceedings to hear and judge the conditions set out in Part V of this Act.

(3) Other matters discussed and decided by courts in civil proceedings only if provided for by law.

(4) The power of the courts in matters of administrative justice governed by a special law. 96)

§ 8

It has to be before the court proceedings of the procedure with another authority, courts may act only if it was not the case in such proceedings are finally resolved.

Citizenship

§ 9

(1) Unless otherwise provided by law, are at first instance the district courts.

(2) The county courts decide as courts of first instance

a) in matters of personality under the Civil Code and the protection against disclosure of information that is abuse of the freedom of speech, of the press, or the protection of third party rights under the law on mass media,
b) disputes on claims resulting from copyright infringement, 40) on claims of threats and infringement under the Copyright Act and claims for unjust enrichment obtained at the expense of the one who testifies rights under the Copyright Act,
c) in the settlement of disputes by mutual pension insurance and pension granted illegally or in a higher area than due, the employer and the recipient of the benefits,
d) in the settlement of disputes by mutual overpayment dose health insurance paid unjustly or in a higher amount and the settlement of disputes by mutual regression of compensation paid as a result of entitlement to sickness insurance,
e) in any case to determine the illegality of strikes or lockouts,
f) In proceedings for annulment or termination of service under § 18 paragraph 2 of Act No. 451/1991 Coll. laying down certain additional requirements for certain positions in state bodies and organizations of the Czech and Slovak Federal Republic, the Czech Republic and Slovak Republic,
g) in disputes involving a foreign country or a person enjoying diplomatic immunities and privileges, if the dispute falls within the jurisdiction of the courts of the Czech Republic,
h) in any case to annul the decision of the arbitrator on the fulfillment of obligations of the collective agreement,
i) in the settlement of disputes by mutual overpayment dose-social support and a dose of assistance in material need or wrongly given the higher amount between the authorized person and the person or jointly assessed the authorized person, natural or legal persons referred to in a special legal regulation. 1b)

(3) The county courts also decide in commercial matters as courts of first instance

a) in the commercial register, register of non-profit organizations, the Foundation Register and unit owners,
b) in cases of status companies, cooperative societies and other legal persons according to the first, second and fourth of the Commercial Code 41), repealing the European Company and the European Cooperative Society with liquidation as provided by the directly applicable European Communities issued a special law for its implementation,
c) in matters arising out of legal relationships that are related to the creation of companies, cooperatives, public benefit corporations, foundations and endowment funds,
d) in proceedings for annulment of a public benefit corporation and its liquidation and the appointment of a liquidator, 42)
e) in the revocation of the foundation or endowment fund and their disposal on the appointment of a liquidator foundation or endowment fund and the appointment of new board members of the foundation or endowment fund, 43)
f) in the management of the state’s business and the appointment and dismissal of its liquidator, 44)
g) in any of the legal relations between companies (cooperatives) and their founders (partners or members) as well as between the shareholders (or members of the founder) to each other, in the case of relations concerning participation in society (Member of the cooperative relationship) relations of a takeover bid or failure to supply obligations on relations with the purchase of equity securities, the relations of contracts conferring the proportion of member (membership rights and obligations), and relationships associated with an increase in capital (accession partner or member), unless jurisdiction under subparagraph b),
h) in disputes between companies (cooperatives) and their governing bodies, liquidators or other authorities in disputes between shareholders (members) and statutory bodies, liquidators or other authorities in the case of relations concerning the performance of the functions of these organs,
i) in any of the legal relationship between the entrepreneur, non-profit organization, foundation or endowment fund and bankruptcy property belonging to the estate or forced administrator, which they were appointed,
j) in any of the legal relationship between the clerk and a businessman who gave procuration, and when the power of attorney granted to more than one person, the legal relations between the parties themselves,
k) in matters of competition, 45)
l) in any case to protect the rights violated or threatened by unfair competition conduct 46) and infringement of or threat to rights to trade secrets, 47)
m) in matters of protection of the name and reputation of legal entities, 48)
n) in any of the rights to the business name, 49)
o) disputes on claims resulting from industrial property, claims of threats and violations of intellectual property rights and claims for unjust enrichment obtained at the expense of the one who testifies industrial property rights,
p) in Cases of financial security and disputes relating to bills of exchange, checks and other securities, derivatives and other values, which are negotiable on the capital market
q) in disputes arising out of commodity exchange,
r) in disputes between entrepreneurs in their business activities from other business obligations, including disputes about damages and unjust enrichment, except for disputes

1) of the credit agreements, 50) on current account 51) and deposit account 52) and their collateral; provisions of subparagraph p) is not affected,

2) for damages and unjust enrichment arising in connection with the contracts referred to in points 1 and hedging,

3) the determination of property rights and the annulment of the transfer of title to real property,

4) on the right things to strangers, 53)

5) relating to the lease of flats and commercial premises,

6) the cash consideration, if the amount claimed by the applicant does not exceed 100 000 CZK, for receivables accessories while disregarded

s) in matters of capital market
t) in proceedings for annulment of the contract or agreement of European society to whose closure is required pursuant to a special legal regulation 53a) prior approval by the Board,
u) in respect of acts assembly unit owners and disputes arising from it,
v) in the revocation of a public research institution and its liquidation and the appointment and dismissal of a liquidator 53b)
w) proceedings transformations of commercial companies and cooperatives, including any proceedings for compensation under a special legal regulation 53c).

(4) The county courts also decide as first instance courts in insolvency proceedings and incidental disputes and in disputes relating to compensation for damage or other injury to the initiation of insolvency proceedings and actions taken during 53c)

(5) The Supreme Court of the Czech Republic (hereinafter the “Supreme Court”) as decided by the court of first instance shall be determined by a special regulation.

§ 9a

To consider action under § 91a are in the first instance by the district or county courts, depending on which of these courts is in the first instance on the matter or law which the plaintiff is entitled.

§ 10

(1) The county courts rule on appeals against decisions of the district courts.

(2) The appeals against the decisions of regional courts as courts of first instance decided by the Supreme Court.

§ 10a

The appeals against the decisions of regional or high courts as courts of appeal decided by the Supreme Court.

§ 11

(1) The proceedings shall be held at the court, which is the subject-matter and territorial jurisdiction. To determine the material and local jurisdictional control until the end of the relevant circumstances that are there at the time of its launch. Materially and locally relevant is always a court whose jurisdiction is no longer possible under the law, or examine its jurisdiction is determined by a final decision of a competent court.

(2) If the number of courts locally, control may be held at any of them.

(3) If it is a thing that belongs to the jurisdiction of the courts of the Czech Republic, but the conditions of the local jurisdiction is missing or can not be ascertained, the Supreme Court shall determine which court to deliberate and decide.

§ 12

(1) If a competent court to act, because its judges are excluded (§ 14, § 15, paragraph 2 and § 16a), the matter must be commanded by another court of the same level.

(2) A thing may be to another court of the same level commanded also because of convenience.

(3) The commandments things the court, which is closest together a competent court and superior court, to whom the thing commanded. Participants have the right to comment on which court the matter is to be commanded, and in the case of paragraph 2 also for the reason that the matter should be commanded.

§ 13

canceled

Exclusion of Judges

§ 14

(1) The judges and lay judges are disqualified from hearing and deciding the matter, if with regard to their relationship to the point, the participants or their representatives, there is no reason to doubt their impartiality ..

(2) In superior court judges are excluded and who heard and decided the matter at the lower court, and vice versa. The same applies in the case of decisions on appeal.

(3) For the discussion and decision of action for nullity are also excluded judges who issued the contested decision action or matter discussed.

(4) The reason for the disqualification of a judge (assessor) are not the circumstances that lie in the process of judge (assessor) in the management of this case or in its decisions in other cases.

§ 15

(1) When the judge or juror becomes aware of the fact for which it is excluded, it will immediately notify the presiding judge. The procedure may yet make only such action can not be delayed.

(2) The presiding judge determined according to the work schedule instead of a judge (assessor) referred to in paragraph 1, another judge (assessor) or if it relates to the notice of all the members of the Senate, it will assign the case to another Chamber, if not possible, submit the matter for decision by § 12 paragraph 1 In the case of exclusion under § 14 paragraph 1 and the Chairman of the Court considers that there is no reason to doubt the impartiality judge (assessor), submit the matter to a court decision referred to in § 16 paragraph 1

§ 15a

(1) Participants have the right to respond to those judges and lay judges, who according to the work schedule to discuss the matter and decide. The fact must be instructed by the court.

(2) The Participant is obliged objection of bias by the judge (assessor) to apply no later than the first meeting, which was attended by the judge (assessor), whose exclusion goes, he did not know if at this time the reason for exclusion or if this was the reason later, the objection filed within 15 days after they become aware of it. Later, the opposition party bias apply only if the court has not been informed of their right to comment on those judges (assessors).

(3) The objection of bias must be in addition to the general requirements (§ 42 paragraph 4) above, against which the judges (přísedícímu) points, in what is seen reason to doubt his impartiality, or which it became the opponent learned and what evidence can be proved.

§ 15b

(1) The decision on the objection of prejudice the case before the court with the comments of the judges (assessors) to his superior court. The procedure may yet make only such action can not be delayed.

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

(3) The provisions of paragraph 1 shall apply also when applied to the opposition party in the same circumstances, which were the superior court (another chamber of the Supreme Court) has already been decided or if the objection apparently delayed.

§ 16

(1) Whether the judge or juror excluded superior court decides in the Senate. The removal of judges of the Supreme Court of Appeal decides another of the same court.

(2) late filing of an objection (§ 15a paragraph 2), the court referred to in paragraph 1 shall be rejected.

(3) Evidence to prove because of the exclusion of a judge (assessor) will court referred to in paragraph 1, either by himself or by the requested court. Does not the standard of proof is not required for a decision under paragraphs 1 and 2 of directing negotiations.

§ 16a

(1) If it was decided that the judge (assessor) is excluded, the presiding judge determined according to the work schedule instead of another judge (assessor) or if they have excluded all members of the Senate, the Chamber shall order the case to another, if this is not possible, the matter a decision pursuant to § 12 paragraph 1

(2) If an appeal or extraordinary appeal a decision by the court or on the basis of an action for nullity canceled because the matter had been brought foreclosed judge (assessor), or directed to the Board or the appellate court for further proceedings in the matter discussed and decided another Senate ( judge), proceed similarly under paragraph 1

§ 16b

Resolution of the superior court pursuant to § 16 paragraph 1 and 2 shall be binding on the court and the parties to the provisions of § 205, paragraph 2, point. a), § 219a paragraph 1, point. a), § 229, paragraph 1, point. e) and § 242 paragraph 3, second sentence, shall not be affected.

§ 17

Whether it is excluded clerk or other court employee, as well as expert or interpreter, President of the Chamber decided, § 14, paragraph 1, § 15, § 15, paragraph 1 and 3 and § 16 paragraph 3 shall apply mutatis mutandis. Against his order is not subject to appeal.

§ 17a

(1) The exclusion of notary acts court commissioner decided by a court, a notary who acts performing judicial commissioner appointed to the provisions of § 14 to 16a shall apply mutatis mutandis. Against his order is not subject to appeal.

(2) The exclusion notary trainees, candidates notary notary public or other employees by the court, which commissioned notary acts performing judicial commissioner; follows a similarly according to § 17

Chapter Three

Participation in management

Participants

§ 18

(1) Participants have in civil proceedings an equal footing. They have the right to bring proceedings in their native language. The court is obliged to provide them the same opportunities to exercise their rights.

(2) Participant whose mother tongue is other than the Czech language, the court shall appoint an interpreter when such a need will be published in the proceedings. The same applies in the case of appointment of an interpreter party, with which he can communicate differently than some of the communications systems of deaf and deafblind people 54).

§ 19

Capacity to be a party to the one who has the capacity to have rights and obligations, otherwise only one who admits it law.

§ 20

(1) Any court may act independently as a participant (process capability) to the extent that they have the capacity to acquire rights through its own acts and take on responsibilities.

(2) admits a special state law instead of someone else’s ability to act independently in court in a case involving state property, that person is a party.

§ 21

(1) A legal person is

a) its statutory authority; constitute a statutory body more natural persons, legal persons acting for the President, or his member, which was commissioned by, or
b) its employee (member), which was the statutory body charged with, or
c) the head of the branch or the head of the other branch, of which the law provides that registered in the Commercial Register, in the case of matters relating to this competition (components), or
d) the clerk if he can procuration issued by acting independently.

(2) The provisions of paragraph 1 shall not apply if the special law this or that person as a legal act of another person. 55)

(3) If a legal person sequestration, is acting for her trustee, who by law has the status of its statutory authority, or employees of a legal person, that the trustee appointed, otherwise the paragraphs 1 and 2

(4) A legal person can not act whose interests are in conflict with the interests of legal entities.

(5) Any person who is a legal person must prove his authorization. In the same case as a legal entity at the same time be only one person.

§ 21a

(1) A state court acts

a) The Office of the Government Representation in Property Affairs in cases stipulated by a special legal regulation, 55a)
b) the relevant government department under a special law in other cases.

(2) If you appear in court for the state Office of the Government Representation in Property Affairs, is before the court on behalf of the state classified employee in the Office of the Government Representation in Property Affairs, responsible for its CEO.

(3) If you appear in court as a state government department responsible under a special law, is before the court on behalf of the state government department head or an authorized employee acting on this or any other government department.

(4) The provisions of § 21 paragraph 4 and 5 shall apply mutatis mutandis.

§ 21b

(1) A municipality and a higher local government unit is the one who is under a special law to represent them externally, or the employee who was the person responsible for this.

(2) The provisions of § 21 paragraph 4 and 5 shall apply mutatis mutandis.

Representatives of the participants

a) on the basis of the law

§ 22

An individual who is not before the court to act independently, they must be represented by its legal representative.

§ 23

If required by the circumstances of the case, the presiding judge may decide that a natural person who has the legal capacity in full must be represented in proceedings by his legal representative, although this is a matter in which they would otherwise act independently.

b) a power of attorney

§ 24

(1) A party may give the proceedings represent agent jejž choose. If this is not the representation under § 26 or § 26a, may be elected deputy party a natural person. The same thing can have only one participant simultaneously elected representative.

(2) If the proceedings discussed classified information, participants may represent only individuals who show a valid certificate individuals appropriate level of confidentiality of classified information issued under a special legal regulation 56), or have been instructed as described in § 40a paragraph 1

§ 25

(1) A representative of a participant can always choose a lawyer. A lawyer can only grant full power for the whole proceedings (hereinafter referred to as “power of attorney”).

(2) The lawyer is entitled to be represented by another lawyer, or, except in cases in which the lawyer under this Act required, articled clerk or his employee as another representative.

§ 25a

(1) The subscriber can also choose a representative notary, notary may represent a party only to the extent of its powers provided for by special regulations. 57) Notaries may only be granted power of attorney.

(2) A notary public is entitled to be represented by another attorney, and, except in cases in which the representation of a notary public under this Act required, also a notary or a notary clerk candidate.

§ 25b

With the exception of an appeal, the participant may also choose a representative patent attorney, patent agent may represent the only participant in the scope of approval stipulated by a special legal regulation. 57b)

§ 26

(1) A trade union may, with the exception of matters of business, in the proceedings represent a party that is a member.

(2) The Office for International Legal Protection of Children (hereinafter referred to as “the Authority”) may represent a party in proceedings relating to custody of minors, to determine or change the maintenance and management of the performance of the decision imposing the obligation to pay alimony, if the matter related to foreign countries.

(3) In matters of protection against discrimination based on sex, racial or ethnic origin, religion, faith, belief, disability, age or sexual orientation, the participant may give management represented by a legal entity created under a special legal regulation, 57c) whose activities set out in the articles include protection against such discrimination.

(4) In proceedings on claims resulting from copyright infringement, claims of threats and infringement under the Copyright Act and claims for unjust enrichment obtained at the expense of the one who testifies rights under copyright law, a party may be represented by a legal entity, to which the business activities, or activities include the protection of the rights under copyright law.

(5) If the petitioner in labor matters (the applicant) the alien may be put in management also represent a legal entity created under a special legal regulation 57c), whose activities are set out in the statutes protecting the rights of foreigners, the same applies in the release foreigners from detention.

(6) assumed by the trade union organization or office or a legal person under paragraphs 3-5 representation acts on their behalf for the represented person referred to in § 21

§ 26a

(1) In the cases and under the conditions laid down in a special legal regulation 55a) can be represented in proceedings by the municipality by the State, for which the court acts Office of the Government Representation in Property Affairs.

(2) The representation under paragraph 1 may only state to grant power of attorney.

(3) If the State assumes the representation referred to in paragraph 1 shall act on behalf of the State, represented by the municipality ranked employee in the Office of the Government Representation in Property Affairs, authorized the Director-General. “.

§ 27

(1) A party may be represented also by any natural person who has the legal capacity in full. This representative can act only in person.

(2) The court determines that the agency does not permit pursuant to paragraph 1, if the agent does not seem to fit the proper representation, or if it acts as a representative at things again.

§ 27a

canceled

§ 28

(1) Representatives, jejž a participant has chosen, grant writing or orally in the power of attorney or power of attorney for specific tasks.

(2) The appeal involved a power of attorney or a representative of her statement to the court are effective as soon as they were reported by the participant or representative; against other parties are effective when they have been notified by the court.

(3) If it chooses a representative of another participant, it is true that the power of attorney also testified to the existing representatives.

(4) The signatures on a written power of attorney, power of attorney to appeal or her testimony must be authenticated only if provided for by law or decided when and Chairman of the Board.

(5) loses the capacity to be represented by a party, or if he dies or terminates representative, power of attorney expires.

(6) Unless the power of attorney from anything else, the power of attorney terminates on the date of the decision, which was completed proceedings for which they were granted.

§ 28a

(1) Process the power of attorney can not be restricted. Representative who has been granted the power of attorney is authorized to perform all acts which may make the participant in the proceeding.

(2) The power of attorney for certain acts of attorney authorizes only when those acts which were in the power of attorney expressly stated.

c) a decision

§ 29

(1) If it is not represented by an individual who is not a party to the proceedings before the court to act independently, the Senate, the President shall appoint a guardian, if the danger of delay. The same shall apply if so stipulated by a special regulation.

(2) The presiding judge shall appoint guardian is also a legal person as a party to the proceedings before the court can not act because there is not a person authorized to act on behalf or that is debatable who is the person authorized to act on behalf (§ 21), if there danger of delay.

(3) If other measures fail to do so, the presiding judge may appoint a guardian also the unknown heirs of the testator, if it is not still in probate proceedings determined the circle of his heirs, the party whose residence is unknown, which failed to deliver a known address abroad, which was suffer from a mental disorder or other medical reasons can not not only on a temporary basis to participate in the proceedings or who is unable to speak clearly.

(4) The guardian pursuant to paragraphs 1 to 3 may appoint a lawyer. Another person may be appointed guardian, if only agree. If the court did not rule otherwise, a guardian appointed under paragraphs 1 to 3 acts in proceedings before the court of first instance, in the appeal and extraordinary appeal proceedings.

§ 30

(1) Participants with which they are qualified to be court exempted from court fees (§ 138), the presiding judge shall appoint a representative at his request, if it is absolutely necessary to protect his interests. The fact that the request may be submitted, the presiding judge must instruct the participant.

(2) If required to protect the interests of a subscriber or in the case of appointment of a representative for the proceedings in which it is mandatory representation by a lawyer (notary), he shall appoint the presiding judge in the case referred to in paragraph 1 representative from the ranks of lawyers.

§ 31

(1) The designated guardian or other representative has the same status as a representative on the basis of the authority.

(2) If the guardian or other representative appointed lawyer has the same status as a lawyer, which party granted full power.

§ 32

Common provisions

(1) Any person who acts in the proceedings as a representative of a party or as a representative of another, it must prove its entitlement at the time of the first act, which in the things he did.

(2) A representative of a party can not be a person whose interests are contrary to the interests represented.

(3) The duty of the court to give the party the necessary instruction, notice or notification may be accomplished by being given his representatives, this does not apply if the participant gave his deputy a power of attorney for specific tasks.

Participation prosecutor

§ 35 – § 35a

Participation prosecution

(1) The prosecutor may enter the pending proceedings in matters

a) to determine whether the child’s parents must consent to the adoption,
b) providing an educational measure pursuant to § 43 paragraph 1 and 2 of the Family,
c) of institutional care and the extension of institutional care,
d) suspension, limitation or deprivation of parental responsibility,
e) legal capacity,
f) declaration of death,
g) determining the date of birth or death of a natural person,
h) the admissibility of accepting or holding in a medical institution,
i) amortization schedules,
j) of the Commercial Register, public benefit corporations, the Foundation Register and unit owners, 57a)
k) some of the issues companies, cooperative societies and other legal persons (§ 200e),
l) which solves the debtor bankruptcy or impending bankruptcy, including the incidence of disputes, and the moratorium 53c)
m) unit owners,
n) the invalidity auction 57b)
a) return of the child in cases of international child abduction (§ 193a).

Authorization of the state prosecutor’s office, or the Attorney General to initiate proceedings pursuant to special regulations 58) is not affected.

(2) The State Prosecutor’s Office is in such a procedure is authorized to perform all acts that can perform a party, unless the tasks that can execute only participant legal relationship.

(3) The matters referred to in paragraph 1 point. b) to d) and j) the prosecutor may secure in the public interest to initiate proceedings, unless initiated pursuant to § 81 paragraph 1 and 2 or at the request of another claimant.

(4) The court shall inform the public prosecutor to initiate proceedings pursuant to paragraph 1. e) and h).

§ 35a

(1) Special legislation 55a) specifies in which cases and under what conditions to initiate proceedings or intervene in the proceedings the Office of the Government Representation in Property Affairs.

(2) If the Office of the Government Representation in Property Affairs enters into proceedings under paragraph 1 shall be entitled to all the acts that can perform a party, unless the tasks that can execute only participant legal relationship.

Chapter Four

Acts of the court and the parties

Acts of the court

§ 36

(1) In proceedings before the court shall consider and decide the Chamber or by a single judge (judge). All members of the Senate are equal in decision making.

(2) Schedule of work determined that the Chamber or a single judge (judge) to deliberate and decide.

§ 36a

(1) In proceedings before the district court shall consider and decide Senate:

a) in labor matters,
b) in other cases stipulated in the law.

(2) In all other respects acts and decisions in proceedings before the district court judge.

(3) In proceedings before the regional court as a court of first instance judge shall consider and decide; Senate shall consider and decide in the first instance, if so provided by law, and on appeal.

§ 36b

High Courts act and make decisions in chambers.

§ 36c

The Supreme Court shall consider and decide in chambers.

§ 36d

(1) Unless otherwise provided by law, the presiding judge or by a member of the Chamber may on matters specific to the Chamber to perform only such acts which are irrelevant in the case.

(2) In cases where the law is a judge decides, belong to him as the rights and duties of the President of the Senate, and the rights that are otherwise reserved for the Senate.

§ 37

(1) The Senate shall act after consultation, except for members of the senate and the clerk can not be anyone else present at the meeting.

(2) The decision shall be a majority of votes, the vote shall be required by all members of the Senate. Poll conducted by the Chairman of the Senate. Associate vote before the judges and junior judges (assessors) before the elders, President of the Chamber shall vote last.

§ 38

(1) The court shall instruct the notary, as a court commissioner reward acts performed in probate proceedings.

(2) The authorization referred to in paragraph 1 shall not apply to requests for legal assistance abroad, the appointment of an administrator under § 175f paragraph 2 of the first sentence after the semicolon, the annulment of the order of succession under § 175 watts and the issue of a certificate under § 175z paragraph . 1st

(3) Acts notary who performed as court commissioner shall be considered as acts of the court.

(4) The commission is not a judicial decision.

(5) A notary public authorized under paragraph 1 and its employees are required to disclose all facts they have learned in the implementation of operations in the probate proceedings. The duty of confidentiality is not limited in time, and the notary or her employees may be exempted from the tribunal which notary commissioned pursuant to paragraph 1.

(6) A notary shall be forwarded to the court filing, which, for him as a court commissioner was made after they have already made in probate proceedings and all necessary steps forward as a matter of judgment.

§ 38a

A special law shall specify in which simple things can make independent decisions and other matters in which they can independently carry out individual acts clerks. The law also provides for special qualifications and other conditions for the exercise of a senior judicial officer.

§ 38b

Assistant Judge of the Supreme Court

Assistant Judge of the Supreme Court is individual acts of civil proceedings on behalf of the Supreme Court.

§ 39

(1) The acts, which would enable the Court to make it difficult or elevated, inefficient or costs which can not make its circuit, performs at the request of another court. Requested court is the district court.

(2) If the requested court to act in their district, the court shall forward the request, the district in which it is possible to perform the act, if the court had known, otherwise the request returns.

(3) Acts performed the requested court judge.

§ 40

(1) Acts, in which the court acts with the participants, examines the evidence and announce decisions, are recorded in the form of an audio or video recording (the “Entry”). Record is stored on a permanent data carrier, which is part of the file.

(2) If recording is not possible or if so provided by law, drawn up with the action, in which the court acts with the participants, examines the evidence and announce decisions, protocol. The court may decide to simultaneously record the acquisition of the act written protocol. If no action at present participants, representatives or the public and the court shall only documentary evidence or announce decisions, suffice acquisition protocol. In case of conflict log and record takes precedence record. The protocol shall be drawn up for each act, which

a) peace was concluded,
b) an agreement on education and nutrition of a minor child,
c) an agreement on contact with the minor child,
d) an agreement to settle the succession,
e) an agreement to relinquish předluženého inheritance to pay debts or
f) there has been a recognition of the claim pursuant to § 153a paragraph 1

(3) Transcript of record or part thereof is taken, if they are serious reasons determined by the court. Transcript or part of the picture is always, when given ordinary or extraordinary appeal on the merits. The second sentence shall not apply if the court of first instance decides to reject the appeal under § 208, paragraph 1, or if it was purchased protocol.

(4) Acts performed judicial commissioner or judicial executor is recorded in the form of record or protocol.

(5) In the transcript or part thereof shall be marked present, they must be present, recording date, the date of preparation of the transcript and structured literal transcription. Transcript signed by the person who drew it.

(6) The Protocol shall be marked present, they must be present, portrays the course of the evidence and make submissions, content, information provided by participants, statements and the parties’ decision on whether to forgo an appeal against the announced decision; replaces a protocol submission, must also be in its essentials.

(7) The Protocol shall be signed by the presiding judge and the clerk, not the President of the Chamber shall sign, sign it for him, another member of the Senate or another judge, who determined the presiding judge. He closed the conciliation agreement on education and nutrition minor, agreement on contact with the minor child, inheritance settlement agreement, an agreement to relinquish předluženého inheritance to pay debts or if there has been recognition of the claim (§ 153a paragraph 1), signed reconciliation protocol also participants, parents, participants of the contact with the minor child, the parties to the agreements in probate proceedings or the defendant, if they can not read and write or otherwise record sign, indicating the presiding judge to why your protocol, except that it will act in accordance with their , and the corresponding entry signs. Protocol on the ballot signed by all members of the Senate and the clerk.

(8) The presiding judge in the protocol corrects errors in writing and other obvious mistakes. The presiding judge also decides on proposals for additions to the Protocol and the objections to the text.

§ 40a

(1) If in proceedings discussed classified information, the presiding judge shall assessor, participants, persons authorized to represent them (§ 21 to 21b), a representative of the participants, experts, interpreters, persons referred to in § 116 paragraph 3 and others which by law must attend management advance under a special law learn 56a). A written record of this instruction establishes the presiding judge in the file and a copy sent within 30 days of instruction NSA.

(2) Advice under paragraph 1 is not required for those persons who show a valid certificate of a natural person for the relevant classification level of classified information and instruction issued under a special legal regulation 56).

(1) Any dispute or any other legal case file shall be kept in paper or electronic form. Terms of leadership file the implementing legislation.

(2) Unless otherwise provided by law, drawn up in written form signed by the President act Court of Appeal or the one who on behalf of the President of the Senate or the Act did. The copy shall be made, if necessary, the details of the implementing legislation.

(3) Unless otherwise provided by law, court action executed electronically signed by the presiding judge or whoever of the President of the Senate or the Act did their recognized electronic signature or electronic sign marks the recognized court.

Acts of participants

§ 41

(1) The parties may conduct their operations in any form, if the law does not prescribe certain acts for a particular form.

(2) Any act considered by the court of its contents, even if the act incorrectly marked.

(3) Substantive action made by a party to court is also effective against other participants, but only from the moment of him in the management learned, this applies even if the substantive validity of an act prescribed written form. The provisions of § 40 paragraph 3 shall apply mutatis mutandis.

§ 41a

(1) Unless otherwise provided by law, the participant may take action only explicitly.

(2) The action of a party who is bound to the condition not be considered.

(3) The action of a party who is not permissible for the management, shall be disregarded.

(4) An act may be revoked only if the revocation reaches the Court not later than simultaneously with this action.

§ 41b

Until a settlement has not been finalized, the agreement on education and nutrition minor, agreement on contact with the minor child, inheritance settlement agreement, an agreement to relinquish předluženého inheritance to pay debts or vesting (§ 153a paragraph 1), which occurred in the Protocol, participants also signed a settlement, parents, participants of the contact with the minor child, the parties agreements in probate proceedings or the defendant, the court shall not take such action.

§ 42

(1) Submissions may be made in writing or orally. Written submission shall be made in paper or electronic form through a public data network, telegram or fax. Oral administration is the log. Orally in the administration can be done, if it is a proposal to initiate proceedings for permission to marry, the determination and denial of parenting, to determine whether the child’s parents must consent to the adoption, the adoption and management that can be initiated without proposal, and proposals for enforcement in these proceedings issued.

(2) Each district court is obliged to make submission to the log and pass them without delay to the competent court. Such filing shall have the same effect as if it happened in the competent court.

(3) Submission of a proposal on the merits made by telegram must be supplemented in writing within three days, if the written submission made by facsimile or in electronic form, it must at the same time to add it to its original presentation or written submission of the same text. These submissions, unless within a specified period completed, the court disregarded. If stipulated by the presiding judge, the participant shall submit the original court (written submission of the same version) and other submissions made by fax.

(4) Where the law for filing certain type requires additional formalities must be evident from the administration, which is determined by the court, who is making it, what things it relates and what follows, and must be signed and dated. If a participant is represented by a lawyer, a lawyer’s signature can be replaced by a stamp signature stamp, a specimen was deposited with the court to which the filing is intended. Filing in paper form be submitted with the required number of copies as attachments so that one copy remained in the court and each participant gets one copy, if necessary. Submissions in other forms to make only one copy. To file electronically učiněnému can also connect all its attachments in electronic form.

(5) In the event of an electronically signed by a recognized electronic signature is required to enhance the presentation of his original filing pursuant to paragraph 3

§ 43

(1) The President of the Senate resolution asks the participant to be corrected or supplemented filing that does not contain all the prescribed requirements or that is confusing or vague. To correct or complete the submission deadline and shall instruct the participant as necessary to make repairs or additions.

(2) If the presiding judge over the call following a duly repaired or supplemented, and the procedure can not continue for this deficiency, the court order submission, opening the proceedings, refuses. The other filing court disregarded until properly repaired or supplemented. These consequences should be informed participant.

§ 44

(1) The parties and their representatives have the right to inspect the court file, except for the report on voting, and make fun of him extracts and copies.

(2) Any person who, it has a legal interest or who it’s for serious reasons, President of the Chamber on request, be permitted to look into the file and to make extracts from it, or a copy, unless it is a file, which the legislation provides that its content must remain secret.

(3) The authorization to inspect files must take such steps to maintain the secrecy of classified information is protected by a special law. 56)

(4) Paragraphs 1 to 3 shall apply mutatis mutandis to play records, providing copies thereof or for other ways to capture the content of documents.

Delivery

§ 45

Methods of service

(1) A document delivered to the court hearing or other judicial act.

(2) If no service of documents under paragraph 1 shall deliver to the court through a public data network to a data box 58a). If it is not possible to effect service through a public data network into the mailbox, it delivers the court at the request of the addressee at the address or email address.

(3) If it is not possible to effect service in accordance with paragraph 2, the presiding judge shall order it to be delivered through

a) delivering authority or
b) the party or its representative.

§ 46

Address for service over a public data network

(1) The address for service through a public data network address data box registered under a special legal regulation 58a).

(2) Through the court of public data network delivers the email address that the addressee told the court, if the court service of documents in this manner requested or agreed with him and said if an accredited certification service provider, has released its qualified certificate and keeps its records or presented his valid qualified certificate.

§ 46a

Address for service

(1) shall be delivered to the addressee at the address for service, it can also be delivered to any other location, where it will be reached.

(2) If the recipient’s request, the court delivered to another address or e-mail address that you gave him, unless excluded by the law or the nature of things, especially if it can help speed up the proceedings. This address is the address for service management.

(3) The addressee is pending shall, without undue delay, notify the court of any change of facts important for service under paragraph 2, the following changes are effective against the court when he addressed were notified.

Address for service by delivering authority

party or his representative

If the addressee has failed in its filing or other act made to the address of the court in the Czech Republic, to which he or they may be served the document, the address for service by delivering the documents delivered by the authority of the party or its representative

a) a natural person registered address in the information system of civil registration, to which were to be served 58b), unless such registered address, address of permanent residence conducted pursuant to a special legal regulation 58c) or the address of the residence of foreigners in the Czech Republic by type of residence of foreigners
b) for self-employed individual business address or address of agent for service stated in the contract, in a dispute arising from this contract, if the individual business establishment, and the address of the organizational unit
c) a natural person serving a sentence of imprisonment or detention address prison in which carries a penalty or detention,
d) a natural person in a facility for protective measures, security detention, institutional or protective care address of this device,
e) the address of the registered office of a legal person registered in the register or the address of agent for service stated in the contract, in a dispute arising from this contract, if the legal entity establishment, and the address of the organizational unit
f) the address of the registered office of lawyers,
g) the address of their notaries notary offices,
h) for Bailiffs address their offices,
i) for patent attorneys address of the registered office or place of residence registered with the Chamber of Patent Attorneys,
j) the trustees of the registered office address is registered in the list of trustees,
k) at the state address at the organizational units of the state, in the case of the Office of the Government Representation in Property Affairs of the address of its territorial workplace
l) at the state prosecutor’s office address of its registered office,
m) at the administrative offices of the registered office address,
n) for municipalities and higher territorial units address at the municipal office and registered address of the Regional Office or the City of Prague.

Representative for service

(1) If you can not party or its representatives serve documents without difficulty or delay, President of the Chamber without delay prompts him to choose for service representative, this shall not apply in cases where a party or attorney is serving a sentence of imprisonment, in custody or in a facility for protective measures, security detention, institutional or protective care which party or agent shall enjoy diplomatic privileges and immunities, it is in the apartment, who enjoy diplomatic privileges and immunities, or it has to be delivered in the building or room protected diplomatic immunity, or when a party or representative is a soldier in active service member of the Police of the Czech Republic, member of the Fire and Rescue Service of the Czech Republic or a member of the Prison Service and Judicial Guard, which can not be delivered otherwise than through the Regional Military Command, the Ministry of Interior or Ministry of Justice.

(2) If you do not opt for the participant or his representative within the period prescribed agent for service or, if not possible, nor the representatives without difficulty and delay, deliver, deliver the documents to them saving at delivering court. Participant or his representative must be given in the notice under paragraph 1 advised.

(3) The one who was in action for protection against domestic violence is prohibited, so that he stayed in the apartment or elsewhere, where he might be delivered (§ 46a para 1 and 2), a court in execution of the judgment (§ 273b) invite that, unless it can be delivered through a public data network to a data box, court told the address to which it will be possible to measure the duration of service of documents (§ 46 and § 46a, paragraph 1), or to choose a representative for service documents. If the call fails, he served on saving documents in court; aftermath of this must be advised in the call.

(4) The document, which was deposited with the court pursuant to paragraphs 2 and 3 shall be deemed delivered on the date of deposit.

§ 47

Service by public data networks

(1) When the service through a public data network to a data mailbox is governed by special legal regulation 58a).

(2) The delivery of a document pursuant to § 46 paragraph 2 court asks the recipient to confirm receipt of the court within three days from the sending of the document data message signed by his recognized electronic signature.

(3) Shipping via public data networks to an electronic address is ineffective if the document is sent to the email address of the court returned as undeliverable or if addressee within 3 days from dispatch of court documents confirmed its acceptance data message under paragraph 2

§ 48

Service by delivering body

(1) by delivering authorities are

a) Process Servers,
b) Judicial authorities Guard
c) judicial executors,
d) postal operators.

(2) by delivering bodies are also

a) The Prison Service of the Czech Republic, in the case of delivery to individuals in prison or detention,
b) equipment for institutional or protective care, if it is a service to individuals placed in these facilities,
c) Institute for security detention in the case of delivery to individuals placed in this device,
d) regional military headquarters, in the case of delivery to soldiers in active service and the document can not be delivered differently
e) The Ministry of the Interior, in the case of service members of the Police of the Czech Republic and the document can not be delivered differently
f) Ministry of Justice (the “Department”), in the case of delivery to individuals enjoying diplomatic privileges and immunities, or persons who are in the flat of one who enjoys diplomatic privileges and immunities, or to the persons who are to be served in building or in a room protected by diplomatic immunity.

(3) Through postal operators can deliver the document only if, under the contract entered into postal 58d) is obtained by postal service obligation to deliver the package containing the document in a way that is prescribed for the service of documents in this Act.

(4) Delivers through the postal service, copies of decisions and other court documents in paper form may be prepared with the assistance of the operator, the details of such a procedure, the implementing legislation.

Procedure for delivery

§ 49

Service of documents into their own hands

(1) In their own hands to deliver documents, where so provided by law or order the court to do so.

(2) did not catch the body delivering the addressee of a document, the document is saved and the addressee will leave appropriate written request to pick up the document. If you can not leave the call in place of delivery, return delivering the document to the sending institution and the court shall, in that day was not the addressee is not present. The sending court be posted on the bulletin board to pick up the challenge in court documents.

(3) The document is saved

a) the premises postal service, if the document is delivered through it,
b) the court to which the document was returned due to inability to leave the challenge
c) in other cases at the district court in whose jurisdiction the place of delivery.

(4) fail to collect the addressee within 10 days of the date on which it was ready for pickup, it shall document the last day of such period to be delivered, even if the addressee imposing knew. Delivering body after expiry of this period, the document throws into your house or other addressee used boxes, unless the court’s own motion exclude throwing documents to the clipboard. If no such mailbox, the document shall be returned to the sending court and put up a statement on the official notice board of the court.

(5) For documents, where required by law, or where the presiding judge’s orders, delivery is excluded under paragraph 4 Delivering authority is to return the document to the sending court after expiry of the period of 10 days from the date on which it was ready for pickup.

(6) Delivery of documents via the public data network is considered to be delivery to the addressee.

(7) If the delivering authority that the addressee had died, the document will return a message to the sending court.

§ 50

Delivery of other documents

(1) did not catch the body delivering the addressee of the document, the document throws into the house used by the addressee or other containers; document shall be deemed delivered to the clipboard throwing, throwing date marked delivering authority and acknowledgment of receipt of documents.

(2) If you can not deliver in accordance with paragraph 1, the institution delivering the document is returned to the sending court and place of delivery of this fact leaves a written notice. Exporting the court delivers a document posted on the official board of the court, the document shall be deemed delivered on the tenth day following the announcement. The same shall apply if it can not leave the place of delivery of the notification; § 49 paragraph 7 shall apply mutatis mutandis.

§ 50a

Recipients of documents

(1) The following individuals are authorized to accept the person assigned by the addressee authorized by a written power of attorney granted before the postal operator.

(2) A person referred to in § 46b point. e), k), m) and n) are entitled to accept the person referred to in § 21 to 21b, or other persons who have been entrusted by which have been mandated to do, or where this is due to their work or other similar relationship to addressee usual.

(3) For a natural person shall be entitled to accept people who are empowered to do or where this is due to their work or other similar relationship to the addressee usual.

(4) A document addressed to a lawyer, notary, court bailiff and patent agents, for they could recruit people who are empowered to do, or their employees. Provided that these people operate together with other persons, it may accept such other persons and their employees.

(5) A document specified lawyer who practices law as a partner of the company, as it may take a statutory body, the other shareholders of the company or its employees and persons who have been authorized to do. Where a lawyer advocacy in employment of another lawyer or to society, can for him to accept his employer, its employees and persons authorized for the purpose.

Delivery agents participant

(1) If a participant representative, delivers only representative, unless the law provides otherwise.

(2) If a participant has a representative with power of attorney, the presiding judge shall order service of documents (electronic document) only to the representative, unless the law provides otherwise.

(3) If a participant Granted power of attorney only for certain operations, the presiding judge shall order service of documents (electronic document) only his representative, if he is only the power of attorney expressly authorizes, unless the law provides otherwise.

(4) A document shall be delivered to the party also,

a) if a party to appear in person for questioning or other court action or has anything to do personally in the proceedings,
b) If a party represented by a legal representative under § 23,
c) in the case of service of the order to appoint a guardian in accordance with § 29, § 187, paragraph 1, § 191b, paragraph 3 and § 192, paragraph 1, the order appointing the guardian participant, whose residence is unknown, the party, which failed to deliver to a known address abroad, the unknown heirs of the testator, if it is not still in probate proceedings determine the range of his heirs, or legal person that, as a party can not locus standi because there is not a person authorized to act on behalf, or that it is questionable who is the person authorized to act on behalf, but delivers just the other parties and the appointed guardian and be posted on the official notice board of the court,
d) if the party appointed guardian because they can not, for medical reasons other than disability for mental illness not only for a transitional period to participate in the proceedings or not being able to clearly express
e) if so decided by the court.

Refusal to accept a document

(1) If the addressee refuses or recipient to accept service of documents, it shall be served on the date when it refused to accept the document, must be given to the addressee or recipient of the document instructed.

(2) The addressee or recipient of the document is required to call the delivering authority to prove their identity or provide any other assistance necessary for the proper receipt. If the addressee refuses or recipient of the document process in the first sentence, it shall be served on the date when the identification and provision of cooperation was rejected; must be given to the addressee or recipient of the document instructed.

(3) Guidance in paragraphs 1 and 2 shall be provided orally or in writing during the delivery; Letter shall be sent to the recipient. If you can not pass a Letter recipients, they can be left in the addressee’s home or other he uses the mailbox or at another suitable location.

Ineffective delivery

(1) On application by the party sending the court decides that the service is ineffective if the subscriber or his representative could not excusable because of the documents consulted. The proposal is to be submitted within 15 days from the date of service of documents with the met or could meet. The design shall be in addition to the general requirements (§ 42 paragraph 4) specify the date on which the person familiar with the service of documents or could meet, and identification of evidence is available to timeliness and the merits of the proposal demonstrated.

(2) The matters referred to in § 120 paragraph 2, in the case of uncontested proceedings, the court decides on the ineffectiveness of delivery of its own motion, if it is in accordance with the contents of the file clear that the party or its representative of excusable reason not familiar or not familiar with documents.

(3) An application under paragraph 1 shall be made after they have already entered into force of a judgment which has been expressed that the divorce that is invalid or that there is not, and the judgment was pronounced revocation, invalidity or absence of a registered partnership 33c) (“the Partnership”).

(4) Omluvitelným reason referred to in paragraph 1 can not be the fact that a natural person at the address for service does not stay permanently, the fact that in the case of business individuals and legal entities at the address for service of one does not stay.

(5) If the court decided that the service of the document is ineffective, it shall be served on the date of the decision on inefficiency.

Service by a party or his representative

(1) Upon request of a party or its representative, the court may authorize the delivery of a document addressed to the hands or other documents. The commission is not a judicial decision.

(2) The person appointed under paragraph 1 shall forward the document to the addressee at the address for service or anywhere you caught. Addressee is obliged to accept the document to confirm, confirmation must include the document to be served, which was inserted into envelopes, delivery date and signature of the addressee. The document is considered delivered on the date specified in the confirmation of receipt.

(3) If the addressee refuses to accept the document or the participant or his representative fails to effect service, return the participant or his representative shall document the court.

Proof of delivery

(1) Delivering a court document in negotiations or other judicial act, which they draw up minutes indicating that the record of the hearing or the Protocol, drawn up by a judicial act. The protocol, in addition to other requirements (§ 40 paragraph 6) shall indicate the document was delivered. Protocol shall be signed by whoever carried out the delivery, and the recipient.

(2) If the document is delivered through a public data network to an electronic address, the delivery is proven data message addressee, signed by the recognized electronic signature, you acknowledge receipt of the document.

(3) Delivers a court document in the act, which it does not acquire protocol, or by delivering the body to indicate service of a document on the advice of delivery. Delivery report is a public document. Unless proven otherwise, the data are shown on the acknowledgment of receipt to be true.

(4) In the case of service by the participant or his representative is evidence of delivery of a receipt dated and signed by the recipient.

(5) If you can not prove delivery of any of the ways referred to in paragraphs 1 to 4, they can also prove otherwise.

50 g

Delivery

(1) Delivery should contain

a) designation of the court which gave the document to be served
b) identification of the delivering institution
c) identification document to be served,
d) identification of the addressee and the address to which it is to be served,
e) a statement by the delivering authority on what day the addressee was not reached, at which day the document was delivered to the addressee or recipient, in which day the document was ready for pick up on what day it refused to accept the document or not any assistance necessary for the proper delivery of documents ,
f) hour and minute delivery, if it was marked note the “exact time of delivery”
g) the name and surname of the postman, his signature and official stamp of the delivering institution
h) the name and surname of the person who took the document, or who refused to take the documents or has not provided any assistance necessary for the proper delivery of documents, where such data doručujícímu body known, an indication of its relationship to the addressee, if the document is accepted for the addressee and signature ,
i) a statement whether the excluded throwing documents to the clipboard.

(2) If the document is saved, delivery report must also contain an indication of whether it was left to challenge the addressee to pick up the document.

(3) picking the addressee or recipient, a saved document, affidavit of service must also contain

a) name and surname of the person who gave the document, his signature and official stamp of the delivering institution
b) a declaration by the delivering authority on which day the document was collected,
c) hour and minute delivery, if it was marked note the “exact time of delivery”
d) the name and surname of the person who picked up the stored document, and signature.

(4) deny the addressee or recipient to accept or failed to provide the assistance necessary for the proper shipping documents, delivery report must also contain an indication of whether it has been given oral or written information about the consequences of refusing to accept a document or failure to cooperate, and whether, or the refusal to accept the document was justified or failure to cooperate in what consisted.

(5) If a document delivered pursuant to § 50, unless the document is received by the addressee or recipient, the delivery report in addition to the particulars specified in paragraph 1 shall

a) Statement delivering authority on what day the document was thrown into a house used by the addressee or another mailbox
b) The hour and minute delivery, if it was marked note the “exact time of delivery”
c) the name and surname of the postman, his signature and official stamp of the delivering institution.

(6) If the recipient’s signature to confirm receipt of the documents confirming the acknowledgment of receipt is received by the recipient’s signature postman besides other appropriate individual.

Challenge

(1) Notice pursuant to § 49 paragraph 2 shall include the designation

a) the court which gave the document to be served
b) delivered document, which was inserted into the envelope,
c) the address and the address to which the envelope containing the documents to be served,
d) delivering authority
e) the name and surname of the messengers and his signature.

(2) Unless excluded alternative delivery documents, it shall also provided lessons about the consequences if the document will not be collected.

(3) Delivering body in the call state, for whom, where and which day the document was ready for pickup and when and at what time the recipient can pick up the document.

Notification

Announcement according to § 50 paragraph 2 shall include the designation

a) the court which gave the document to be served
b) the document to be served,
c) the address and the address to which the envelope containing the documents to be served,
d) delivering authority
e) a statement that the document was returned to the sending court
f) the name and surname of the messengers and his signature.

Delivery abroad

(1) When delivering abroad is governed by an international treaty or under the directly applicable European Communities regulation governing the service of judicial and extrajudicial documents 58e) or pursuant to a special legal regulation 58F).

(2) If the delivered abroad, and can not find the date of service of the document, but from the content of documents or other act addressee clearly indicates that the document was delivered to him, it is true that the document was delivered on the day when it was sending the court receiving such deed or when he was at the court made such an act.

Publication of notices

Court’s duty to publish a decree or otherwise, certain information set out in the law is fulfilled their publication in the Commercial Bulletin 62), limited to the law on disclosure only on the official board of the court, does not affect the legal obligation to publish information in the press or other appropriately.

50 l

Posting on the official board

(1) Where the law that a decision or other document must be posted on the official notice board of the court, the tenth day after the date of posting have been sent to participants who are not known to the court, whose residence is unknown, which could not be delivered to the address known abroad or unknown heirs of the deceased, if it is not still in probate proceedings determined the circle of his heirs or legal person who is not a party to the proceedings before the court to act because there is not a person authorized to act on behalf or that it is questionable who is a person authorized to act on behalf and representatives or guardians of the participants, whose residence is unknown, or who are unable to deliver to a known address abroad, and possibly also other persons stipulated in the law.

(2) If a law that the official board of the court challenge to be posted or communication removes the call or message after 30 days from the date of publication.

(3) The contents of the official board court and published in a manner allowing remote access.

Summons and performing

§ 51

(1) Summons is happening in paper or electronic form in urgent cases, by phone or fax. You can also summon orally at the hearing or other act of the court in which it is summoned present.

(2) Unless required by law or special legislation for other essentials summons, summons must contain, what things should be summoned to attend, subject and location of court action, the period commencing action, the reason for the summons, the obligation to act and when summoned or expected duration action.

§ 52

(1) In the event that no apology fails summoned for questioning or to a specialist, can give him the presiding judge to show if the possibility of demonstration summoned learned. The demonstration shall decide by resolution that delivers předvolanému the demonstration.

(2) The presentation asks court Police of the Czech Republic, in the case of a minor, the court will ask the Police of the Czech Republic for a demonstration only, unless otherwise ensure demonstration. The demonstration of soldiers in active service and the armed forces of their commander asks court or competent institution thereof.

(3) Expenses paid demonstration of one who is acted out. By order of the President of the Chamber so decides, on a proposal from the person who carried out the demonstration.

Disciplinary measures

§ 53

(1) A person who obstructs the progress of roughly management is that they are without good reason fails to obey a court or court order, or who cancels order, or who has made grossly offensive or administration fulfilled the obligations set out in § 294, 295 and 320ab may Chairman of the Senate a resolution of the disciplinary penalty of up to 50 000 CZK.

(2) impose a disciplinary penalty may subsequently President of the Chamber, even after the proceedings, pardon if it justifies the subsequent behavior that has been saved.

(3) Disciplinary fines accrue state. For enforcing disciplinary penalties will apply the procedure provided tax regulations.

§ 54

One who roughly cancels order, the presiding judge may recognize from where it is. If the participant is recognized, it can be treated further in its absence.

Deadlines

§ 55

Unless otherwise provided in this Act, the deadline for implementation of the act, it shall, if necessary, the presiding judge. Period to be determined, the presiding judge may also be extended.

§ 56

(1) The period running to the person who has lost the capacity to be a party or capacity to act before a court or to which it was decided that it should be represented by his legal representative (§ 23).

(2) When in such a case management enters another party, legal representative or guardian of the participant begins to run them a new deadline from the time when they entered into the control.

§ 57

(1) The time limit does not include the day of the event indicating the beginning of the period, this does not apply if the period specified in hours.

(2) The time limits specified in weeks, months or years shall end on the day that its sign coincides with the day of the event indicating the beginning of time, and if it is not in the month, the last day of the month. Should the deadline falls on a Saturday, Sunday or holiday, the last day of the period is the next working day. Period determined by the clock expires within the hour, which with its sign coincides with the hour of the event defining the beginning period.

(3) The time limit is maintained, if the last day of the period accompanied by action in court or administration handed over the authority has a duty to deliver them.

§ 58

(1) The court shall excuse a missed period, if the participant or his representative be missed because of excusable, and was therefore excluded from the act that he enjoys. The proposal must be submitted within fifteen days after the removal of the obstacle, and with it a need to combine and omitted act.

(2) The court may request the participant to admit suspensive effect of the proposal to relief.

PART TWO

Court action before the commencement of the proceedings

§ 59 – § 66

canceled

Head first

Preliminary management

Conciliation

§ 67

(1) If it accepts the nature of things, can be designed in any court that would be subject-matter jurisdiction to decide the case, to make an attempt at conciliation (conciliation) and, if relevant to its conclusion, in order to decide about his approval. If the subject-matter jurisdiction was a regional court may make conciliation and reconciliation and approval of any district court.

(2) The court shall decide on whether to approve a mediation agreement reached pursuant to the mediation within 30 days of conciliation.

§ 68

(1) The conciliation procedure in cases in which the acts and decides the Senate, President of the Chamber performs.

(2) Cooperation or the presence of participants is no way to enforce.

§ 69

The purpose of arbitration is to the settlement. The provisions of § 99 applies to this peace.

§ 70 – § 72

canceled

The process of determining paternity consent of a parent

§ 73

(1) If born child whose paternity is determined by legal presumption testifying spouse mother or consent of a parent before the body which leads registry office, heard the presiding judge of who the father of the mother indicates that recognizes the father. The court in accordance with § 88 paragraph 1 point. c).

(2) If the statement consenting parents about paternity, enter it in the log and notify the authority conducting the register of births, in which the child is enrolled.

(3) If, following the determination of paternity and the mother does not within a reasonable time does not submit a proposal for the establishment of paternity, the presiding judge shall appoint a guardian to submit such a proposal and to ensure that the child represented in the proceedings.

Title Two

Precautions and secure evidence

Precautions

§ 74

(1) Before the commencement of the proceedings the presiding judge may grant interim measures, if necessary, to provisionally been adjusted ratios of participants, or if it is a concern that enforcement of the judgment has been compromised.

(2) The parties to the proceedings are the petitioner and those who they would be if it was the thing itself. Parties pursuant to § 76b are the petitioner and the one against which the proposal is directed.

(3) The competent for a preliminary injunction is a court that is competent to control the matter, unless the law provides otherwise.

(4) The decision on the application for interim measures pursuant to § 76a of the competent district court which has territorial jurisdiction for the county (district) of the petitioner. If interim measures, the court shall transmit after his performance case promptly to the competent court in accordance with § 88 point. c). If the court to which the matter was referred, in that it is not the court referred to in § 88 point. c) submit the matter to the decision of his superior court jurisdiction, this decision is the court whose jurisdiction is determined, bound.

(5) The decision on the application for interim measures pursuant to § 76b is the district court in whose district is or was a house, apartment, room, or other space jointly occupied with the petitioner (hereinafter referred to as “common dwelling”).

§ 75

(1) Interim measures pursuant to § 76a of the presiding judge may order only on the proposal of a municipality with extended powers. Other preliminary injunction ordering the presiding judge to the proposal; proposal is not to be the case for a preliminary injunction proceedings, the court may initiate its own motion.

(2) The request for a preliminary injunction pursuant to § 76, in addition to the general requirements (§ 42 paragraph 4) contain the name, surname and address of the participants (business name and registered office, identification of State and the government department responsible for state appearing before the Court), where appropriate, their representatives, description of facts that need to be provisionally adjusted ratios of participants, or that there is a concern that the enforcement of the judgment was compromised, description of facts which justify the preliminary injunction, and must be seen from it, what preliminary injunction, the petitioner seeks, in matters arising from the business relationship must also include the proposal identification number (hereinafter referred to as “identification number”) legal entity, identification number of a natural person who is an entrepreneur, or other data necessary for identification of the parties.

(3) The application for interim measures pursuant to § 76a must contain in addition to the general requirements (§ 42 paragraph 4) the name of the minor child’s name, occupation and residence of the other participants, if known to the petitioner, the decisive statement of facts justifying a preliminary injunction, designation of the person to be handed over to the care of a child, and it must be clear that it seeks a preliminary injunction pursuant to § 76a.

(4) The request for a preliminary injunction pursuant to § 76b must contain in addition to the general requirements (§ 42 paragraph 4) the name, surname and place of residence of the participants, or their representatives, and also the statement of the relevant facts justifying a preliminary injunction.

(5) The applicant is required to connect to the draft documents relied on.

§ 75a

(1) The application for interim measures, which does not contain all the particulars or which is incomprehensible or vague, President refuses, if for these shortcomings can not continue with the proceedings; § 43 shall not apply.

(2) The provisions of paragraph 1 shall not apply in the case of an application for interim measures pursuant to § 76a and 76b.

§ 75b

(1) To provide compensation for damage or other harm that would result from the preliminary injunction, the petitioner is required to pass later in the day they filed the court for a preliminary injunction, security in the amount of 10 000 CZK and commercial matters in the amount of CZK 50,000 . Panel if the presiding judge concluded that the security apparently not sufficient to provide compensation for damage or other harm that would be caused by the preliminary measure, invite the applicant forthwith that in three days he composed a supplement security in an amount determined having regard to the circumstances of the case. Submitted the application for interim measures more applicants are required to guarantee payment and security deposit jointly and severally.

(2) If the security referred to in paragraph 1 to be lodged, the President of the Chamber for interim measures refuses.

(3) Paragraphs 1 and 2 shall not apply

a) in the case of provisional measures pursuant to § 76a and 76b;
b) in the case of interim management measures that the court may initiate its own motion;
c) if it is a precautionary measure in case of maintenance;
d) if it is a precautionary measure in case work;
e) if it is a precautionary measure in case of damages to health;
f) if the applicant proves, together with a proposal for a preliminary injunction that with him the conditions for exemption from court fees (§ 138);
g) if there is danger in delay, as a result of the petitioner could arise injury and the petitioner along with a proposal for a preliminary injunction shall certify that no certainty of their guilt could not pass.

(4) If a motion for preliminary injunction by a final order of the Court of First Instance rejected the proposal, if finally rejected or if the proceedings on this proposal finally terminated, the court shall return the deposit. In the event that the court ordered interim measure, the security shall be returned if lapsed deadline for action under § 77a, paragraph 2, or if it became final decision of the court action brought pursuant to § 77a paragraph 2 to this decision that the security would not be used to satisfy the right to compensation for damages or other relief.

§ 75c

(1) did not proceed according to § 75a paragraph 1 or § 75b paragraph 2, the presiding judge shall order an interim measure

a) if it is proved that it is necessary to provisionally adjusted ratios of participants, or that there is a concern that the enforcement of the judgment was compromised, and if at least be certified facts that are critical to the imposition of an obligation injunction or
b) if the conditions set out in § § 76a or 76b.

(2) The application for interim measures taken by the President of the Chamber immediately. If there is danger in delay, the presiding judge on the application for interim measures pursuant to § 76a decide until the expiration of 24 hours after it was passed, a petition under § 76b up to 48 hours after it has been filed and a preliminary proposal to other measures until the expiration of seven days after it was filed.

(3) An application for a preliminary injunction decision without hearing the presiding judge of the participants, as are decided by the presiding judge for a preliminary injunction proceedings, the court may initiate its own motion.

(4) The interim measure is critical condition at the time of publication (issue) resolution of the court of first instance.

§ 76

(1) A preliminary ruling party may be stored in particular, that

a) pay alimony to the extent necessary;
b) returned the child to the other parent or to the care of those whom the court identified;
c) providing at least part of the labor remuneration, if the duration of the contract and the petitioner does not work for serious reasons;
d) has presented a sum of money or thing into custody in court;
e) does not manipulate with certain things or rights;
f) something done, something is delayed or something suffered.

(2) The preliminary measures can oblige someone other than the participant only if it can be if it is to be reasonably ask for.

(3) The presiding judge in the preliminary injunction ordered the petitioner to submit, within which it determines filed with the court to initiate proceedings, this does not apply if it can be initiated proceedings without it. It may also provide that relief will last only for a specified period of time.

§ 76a

(1) found himself If a minor child without any care or if his life or positive development is seriously threatened or disturbed, the presiding judge orders injunction so that the necessary time placed in a suitable environment that the resolution marked. Suitable environment means nurturing environment for people or equipment to ensure an eligible minor child proper care with regard to his physical and mental state, as well as intellectual maturity and allow any other measures provided for preliminary injunction. The court may also order the injunction placing a child in foster care on a temporary basis under the Act on Social and Legal Protection of Children.

(2) Resolution on a preliminary injunction pursuant to paragraph 1 shall be delivered to the participants in the implementation of its performance. Participants who were not in the execution of the present, the resolution delivers additional jurisdiction under § 88 point. c) with it being understood that its performance was carried out.

(3) When a preliminary injunction pursuant to paragraph 1 may not be represented by a minor, if the minor has no legal guardian, or can not it legitimate representative in proceedings represent, 33b) establish his jurisdiction under § 88 point. c) a guardian promptly after execution of a preliminary injunction.

(4) Interim measures pursuant to paragraph 1 lasts for one month after the operation, except for preliminary injunction on the child in foster care for a transitional period, in which after the expiry of three months from the making of an interim measure may be, unless a court basis for the decision in the case of the preliminary measures extended, if it was before that time proceedings on the merits, the court an interim measure under paragraph 1 repeatedly extended by one month so that the total duration of the preliminary injunction does not exceed six months. After the duration of the preliminary measures may extend only if no serious reasons and objective causes possible at this time to end the burden of proceedings on the merits.

(5) If the substance given jurisdiction of Czech courts, the period referred to in paragraph 4 shall apply. The total duration of provisional measures pursuant to this paragraph shall not exceed a period of six months.

(6) The parents of the minor, the social-legal protection of children and the guardian under paragraph 3, the Court may at any time apply for annulment of a preliminary injunction. Such a motion, the court must decide promptly, within seven days. If the proposal was rejected, it may be the beneficiary, unless in her other reasons, repeat after 14 days from the decision.

§ 76b

(1) If the action by the party against whom the application is directed seriously threatens the life, health, freedom and human dignity petitioner, President injunction saves the party against whom the application is directed in particular to

a) left the common dwelling and its immediate surroundings, not present in the common dwelling or does not enter into it,
b) does not enter into the immediate vicinity of the dwelling or joint petitioner and stayed there,
c) refrain from meeting with the petitioner, or
d) monitoring and delayed undesirable nuisance applicant in any way.

(2) Exceptions arising from the fulfillment of the obligations imposed injunction party against whom the application is directed, the court, having regard to its legitimate interests.

(3) Provisional measures under paragraph 1 lasts one month from its enforceability. Preceded by a decision on the application for interim measures pursuant to paragraph 1 recognition under special legislation 33c), this period begins the day following the day on which the period prescribed in this special legal regulation. In case the application for extension of provisional measures pursuant to paragraph 4 period ends before the court decides on such extension.

(4) If before the expiry of the period referred to in paragraph 3 of proceedings on the merits, the presiding judge at the petitioner’s proposal to extend the duration of the interim measure. § 75 paragraph 4 shall apply mutatis mutandis; proposal to extend the duration of the preliminary injunction must also contain a statement of the relevant facts justifying the extension of the duration of the preliminary injunction, an indication of ownership or other circumstances, including ownership and other relationships to a common dwelling. The court in its decision taking into account in particular of the state of emergency petitioner pursuant to paragraph 1, the content of and reasons for the petition to initiate proceedings on the merits, financial or other circumstances of the participants, including ownership and other relationships to a common dwelling, for which preliminary measures and other relevant circumstances. Interim measures expire no later than the expiry of 1 year from the date of its enactment. If the applicant does not show its property or other means, including ownership and other relationships to a common dwelling, the court may extend the duration of the preliminary injunction only for reasons worthy of special consideration.

(5) A decision on an application for provisional measures pursuant to paragraph 1 shall not be subject to the prior removing under special legislation 33c).

§ 76c

(1) If required by the circumstances of the case, or if there is danger in delay, the presiding judge made an interim order pursuant to § 76, decided forthwith, immediately declare a party, which imposes an obligation, if necessary by someone other than the party was If he injunction imposed obligation; shows if necessary, proceed to publication order on the spot. If not in the first sentence, the court shall deliver the writ of preliminary injunction under § 76b parties in the implementation of performance (§ 273b paragraph 2, first sentence). Participants who were not in the execution of the present, the resolution delivers additionally together with understood that his performance was carried out.

(2) A copy of the resolution ordering interim measures, the participants, or their representatives, and those who had been ordered to the preliminary injunction, sent within 3 days from the date of publication of the order or, if not published, within 3 days from the date of its issuance. Other participants than the petitioner, together with the copy of the order also delivers an application for interim measures.

(3) A copy of the resolution ordering the preliminary injunction, which was a party to desist, does not manipulate with a certain property is to be sent within the period referred to in paragraph 2 also relevant Land Registry, this does not apply in the case of property that is not subject to registration in cadastre.

§ 76d

The resolution ordering the preliminary injunction is enforceable publication. If no declaration is enforceable upon

a) is granted, the case for relief under § 76a and 76b,
b) is delivered to those who obliges case for relief under § 76th

§ 76E

(1) Opinion enforceable writ of preliminary injunction is binding only on the parties, and for those who have been ordered to the preliminary injunction, unless the law provides otherwise.

(2) Opinion enforceable decision on a preliminary injunction pursuant to § 76a is binding on everyone.

(3) the extent to which the statement enforceable decision on preliminary injunction is binding on the parties and, if the other person is also binding for all authorities.

§ 76f

(1) The legal act that has been made, by whom the statement enforceable writ of preliminary injunction binding is invalid if it has been violated enforceable obligation imposed by order of preliminary injunction.

(2) If the party ordered injunction that does not manipulate with a certain property, it shall deposit the draft law on this property, which has not yet been finally decided by the competent authority, its legal effect, this applies even if the participant made a legal act relating to the property before the writ of preliminary injunction becomes enforceable.

§ 76 g

Was the proposal for a preliminary injunction dismissed or denied or if the application procedure is stopped, shall be served on the plaintiff only. Copy of the order must be sent to the applicant or his representative within three days from the date of publication or issue resolution.

For as long as the effects of preliminary injunction, the presiding judge may invite the applicant to supplement the composition of certainty (§ 75b, paragraph 1, second sentence) within three days, it will do so only on the proposal of whom were ordered to the preliminary injunction.

§ 77

(1) Prior arrangements lapse

a) the petitioner did not file within the statutory period or within the period specified by the court to initiate proceedings;
b) the proposal was rejected on the merits;
c) the proposal was rejected on the merits and passed fifteen days from the making of a decision on the matter;
d) specified elapsed time that would take.

(2) Interim measures presiding judge canceled if as the reasons for which it was ordered; cancellation of provisional measures pursuant to § 76a of the President shall judge of the court having jurisdiction under § 88 point. c). Interim measures presiding judge also canceled if the applicant within the time passed the payment security.

§ 77a

(1) ceases to have or if it was canceled ordered interim measures for reasons other than because of the design on the merits has been granted, or because the right was met by the petitioner, the petitioner is required to pay damages and other harm to anyone whom injunction originated. This responsibility can not absolve the petitioner, unless the damage or other injury occurred otherwise.

(2) An action for damages or other damages under paragraph 1 shall be made within six months from the date of the preliminary injunction lapsed or was lawfully canceled, or the right expires. Failure to comply with this deadline may not be waived.

(3) The competent to hear the action pursuant to paragraph 2, and the decision on it is the court that in the first instance to decide on interim measures.

(4) the final award of damages or other relief to satisfy the proposer of the security, if the security is insufficient to satisfy all damaged, court security divide between them proportionately. Petitioner’s obligation to compensate for damage or other loss, which was not provided the guarantee, is not affected.

(5) Paragraphs 1 to 4 shall not apply in the case of a preliminary injunction under § 76a.

Providing evidence

§ 78

(1) Before the start of proceedings on the merits to the proposal can provide proof, if it is a concern that later it will not be done at all or only with great difficulty.

(2) To ensure that evidence is the court which would be competent to control the things or the court in whose district is threatened by evidence.

(3) Providing evidence through the presiding judge in the manner prescribed for the evidence on which it is. If there is danger in delay, the participants in the substantive right to be present at securing evidence.

§ 78a

Evidence may also be secured by a notarial or registration distraners storyline on the facts of the case or if the factual story happened in the presence of a notary or court bailiff or if a notary or bailiff witnessed the situation.

Providing evidence of what the subject matters

relating to intellectual property rights

§ 78b

(1) In matters relating to intellectual property rights can be pre-trial on the merits of the proposal, who witnessed the violation of intellectual property rights, for the implementation of evidence (§ 130, paragraph 1) to ensure

a) goods, or reasonable sample goods whose production could be an infringement of rights of intellectual property,
b) materials and tools that were used to manufacture or distribution of goods referred to in point a)
c) documents relating to the goods referred to in point a).

(2) The guarantee referred to in paragraph 1 shall be permitted only if no goods, materials, instruments or documents subject to seizure of evidence pursuant to § 78 or 78a, or if the use of such evidence to ensure it was not possible to cover all the circumstances relevant to a decision on the merits.

§ 78c

(1) To ensure the subject is competent evidence of a regional court in whose district the evidence of a hedged item.

(2) The parties to the proceedings are the petitioner, the ones who would they be if it was the thing itself, and one who has evidence of a hedged item for yourself.

§ 78d

(1) The presiding judge may, if required by the circumstances, the obligation to require the applicant to provide a security of damages or other harm that would result from providing evidence of a subject. The level of security established by the President of the Senate with regard to the circumstances of the case, to a maximum of 100 000 CZK. Thus established certainty is due within 8 days from receipt of the determination of certainty petitioner. Submitted the proposal more applicants are required to lodge the deposit jointly and severally.

(2) If the security referred to in paragraph 1 in time composed, President of the Chamber proposal to ensure the subject of evidence, refuses; missed period referred to in paragraph 1 can not be waived.

(3) If a proposal to ensure the subject of evidence, conclusively dismissed or rejected, or if the proceedings on this proposal finally terminated, the court shall return the deposit. In the event that the court directed the provision of evidence of what the subject, the security shall be returned if security object EEW disappeared under § 78f, paragraph 1, point. a) if the lapsed deadline for action under § 78 g, paragraph 2, or if it became final decision on the application made under paragraph 78 g § 2 to this decision that the security will not be used to satisfy the right to compensation for damages or other relief.

§ 78e

(1) did not advance to the presiding judge under § 78d, paragraph 2 and subject to the conditions stated in § 78b, chairman of the Senate Resolution directs the burden of ensuring the subject vehicle.

(2) A proposal to perform the subject of evidence, the court decides without hearing participants. To ensure the subject is evidence of a critical state at the time of publication (issue) decision at first instance.

(3) In a resolution to ensure that the subject of evidence, the presiding judge ordered the petitioner to submit, within which it determines, filed a court action.

(4) Subject EEW, whose security was decided pursuant to paragraph 1 shall be lodged with the court or appropriate custodian, the person who has the subject with him and refuses to give it voluntarily, the court will be taken, and immediately after he will received a copy of the copy of the writ of securing evidence of a subject.

§ 78f

(1) Ensuring that the subject evidence of a lapse

a) the appellant did within the time specified by the court action
b) in proceedings on the merits was conducted an inspection of the proof of evidence of a secure object,
c) proceedings on the merits were lawfully terminated, without it was carried out an inspection of the proof of evidence of a secure object.

(2) The presiding judge of the burden of ensuring the subject by the order canceled if no grounds for which they were enacted.

(3) After ensuring extinguished or what will be finally abolished, it returns to the subject of evidence, to the person who presented it to the court or to whom the court removed.

§ 78 g

(1) ceases to perform the subject of evidence, pursuant to § 78f, paragraph 1, point. a) or if no claim on its merits by a final decision or in part upheld, without the right to the petitioner, even if only partially satisfied, the petitioner is required to pay damages and other harm to anyone whom providing evidence of a subject arose. This responsibility can not absolve the petitioner, unless the damage or other injury occurred otherwise.

(2) An action for damages or other relief under paragraph 1 shall be made within six months from the date of securing the subject of evidence, disappeared under § 78f, paragraph 1, point. a) or was the action on the merits final decision or the right expires. Failure to comply with this deadline may not be waived.

(3) The competent to hear the action pursuant to paragraph 2 and to decide about her is competent court referred to in paragraph 1 § 78c

(4) the final award of damages or other relief from the petitioner to satisfy the security deposit, if not sufficient to satisfy all damaged, court security divide between them proportionately. Petitioner’s obligation to compensate for damage or other loss, which was not provided the guarantee, is not affected.

PART THREE

At first instance

Head first

Conduct of the procedure

Initiation of proceedings

§ 79

(1) Proceedings shall be initiated upon the proposal. The proposal must be in addition to the general requirements (§ 42 paragraph 4) contain the name, surname, place of residence of the participants, or social security numbers of participants (business name and registered office, identification of State and the government department responsible for state appearing before the Court) where appropriate, their representatives, description of relevant facts, identification of evidence on which the petitioner relies, and it must be evident what the petitioner seeks. In matters arising from the business relationship must also include the proposal identification number of the legal entity, identification number of a natural person who is an entrepreneur, or other information needed to identify the parties. This proposal relates to a bilateral legal relationship between the plaintiff and the defendant (§ 90), is called action.

(2) The applicant is required to attach the draft written evidence relied, in paper or electronic form.

(3) action (which instituted the proceedings), the court shall deliver to the other participants in their own hands. The applicant (petitioner) can familiarize defendant (other parties) of a proposal by next copy of the application (proposal) notified the court will send him another copy of itself.

(4) A copy of the petition to open proceedings on the legal capacity of who is an attorney 62a), delivers the court without delay, also Minister of Justice and President of the Czech Bar Association.

§ 80

Action (the proposal to commence proceedings) can apply to be decided mainly

a) marital status (divorce, nullity of marriage, the determination of whether marriage is or is not a revocation, invalidity or lack of partnership, paternity, on adoption, the legal capacity, the declaration of death);
b) the fulfillment of the obligations arising from the law, the legal relationship or from the breach;
c) determining whether the law or the law or not, it is imperative that the law demands.

§ 81

(1) I own motion, the court may initiate proceedings in matters of custody of minors, proceedings on the admissibility of accepting or holding in a medical institution, the management of legal capacity, guardianship proceedings, proceedings for a declaration of death, probate proceedings, proceedings on determining whether a marriage or not, and other proceedings, where permitted by law.

(2) If ordered interim measures pursuant to § 76a, starts jurisdiction under § 88 point. c) immediately after the matter was referred to, or what was decided on its jurisdiction (§ 74 paragraph 4), and proceedings of the education of the minor.

(3) The launch of its own motion, the presiding judge shall issue a resolution that delivers the participants into their own hands, unless the law provides otherwise. Resolution on the initiation of legal capacity to who is an attorney 62a), delivers the court without delay, also Minister of Justice and President of the Czech Bar Association.

(4) A person who was a minor on the basis of provisional measures pursuant to § 76a handed over to the care delivered to the decision to initiate proceedings on the merits and a decision on the merits.

§ 82

(1) Proceedings shall be initiated on its being received by the court to the start or was issued a resolution according to which the proceedings are initiated by motion. If the document instituting the proceedings made by public data networks and electronic applications designed to submit such a proposal, the procedure is initiated when the application available information system designated to receive such a submission.

(2) preceded the proceedings before the court proceedings in another body in the court commenced on the date ceded thing reached court.

(3) He rejected the claim (which instituted the proceedings), the court which decides by a special Act 96) of administrative justice, because it was the thing that courts hear and decide in civil proceedings, and came to court with jurisdiction to civil court proceedings within one month of the resolution action (which instituted the proceedings) in this case, the management of it is in the court commenced on the date the court rejected the action came (to initiate proceedings).

§ 83

(1) Initiation of proceedings prevents the same thing took place in a different court proceedings.

(2) Initiation of proceedings

a) to abstain from the unlawful act or to remove faulty state in matters of rights violated or threatened by unfair competition conduct, 62b)
b) to refrain from unlawful conduct in matters of protection of consumer rights, 62c)
c) in matters of corporate transformations, if so stipulated by a special regulation, 41)
d) for damages or Match the consideration under the law on takeover bids or review in matters of consideration in a purchase of equity securities,
e) other matters determined by specific legislation,

also prevents the order against the same defendant in the court conducted further proceedings in actions requiring the other applicants for the same act or state of the same claims.

The local jurisdiction

§ 84

The management is competent general court the party against whom the application is directed (the defendant), unless otherwise specified.

§ 85

(1) Unless otherwise provided by law, the general court individual district court in whose jurisdiction he resides, and he does not reside, the district court in whose jurisdiction he resides. If a natural person resident in more than one place, are the general court all district courts in the circuit resides with the intention of staying there permanently.

(2) The general court of the natural person who is an entrepreneur, is in matters arising out of business relations district court in whose jurisdiction the place of business; 59) in the absence of a place of business, determines its general court pursuant to paragraph 1

(3) The general court legal entity is a district court in whose jurisdiction the registered office. 59)

(4) The general court trustee in the exercise of its functions is the district court in whose jurisdiction the registered office.

(5) The general court of the district court in whose jurisdiction the seat of government department responsible under a special law, and thus not possible to determine the competent court, the court in whose district the occurrence of the event giving rise to application of the law.

(6) The general court of the municipality is the district court in whose district has its own territory.

(7) The general court of higher local government unit is the district court in whose jurisdiction they are established his organs.

§ 85a

If the first instance district court subject-matter jurisdiction and territorial jurisdiction is governed by a general court participant, the locally competent Regional Court in whose district the general court participant.

§ 86

(1) If a defendant who is a citizen of the Czech Republic, has no general court or general court in the Czech Republic, the competent court in the district in the Czech Republic was last known residence.

(2) Against the person who does not have any other competent court in the Czech Republic, it is possible to apply property rights in the court under whose jurisdiction the property.

(3) A foreign person may bring an action (to initiate proceedings) at the court in whose district is located in the Czech Republic, its business or its structural unit.

§ 87

(1) In addition to the general court the defendant, or in addition to the court indicated in § 85a, is also a matter for the court in whose district

a) the defendant has his permanent place of work;
b) the event giving rise to a right to compensation;
c) there is a branch company of a natural or legal person who is a defendant in cases where a dispute of this component;
d) is the seat of the person who organizes or operates a regulated market, multilateral trading system, in case of dispute from trade

1) on her organized regulated market, or settle the trade, or

2) it operated in the multilateral trading system, or from the settlement of this transaction,

e) the place of payment, if applicable, the right to a bill of exchange, check or other security;
f) is the seat of commodity exchanges, in the case of a dispute of trade on commodity exchanges.

(2) In the case of insolvency proceedings in which he is to deal with the insolvency or impending bankruptcy persons, constituting with the debtor corporation 62F), the next court specified in § 85a also a matter for the court which is dealing with bankruptcy insolvency or impending the debtor’s bankruptcy.

§ 88

Instead of the general court, or court instead referred to in § 85a, is a matter for the court,

a) in whose district the spouses had their last common residence in the Czech Republic, in the case of divorce, nullity of marriage or for determining whether a marriage or not, she lives in the district court of either of the spouses, unless such court , the corresponding general court of the defendant, and if no such court, the general court of the applicant;
b) ruling on a divorce, if the spouse after a divorce settlement regarding their joint property or assets or the dissolution of the joint apartment lease;
c) in whose jurisdiction the minor on the basis of the parents or a court decision, or other relevant facts of residence, if it is a matter of custody of minors, to determine whether the child’s parents must consent to the adoption, for adoption or for permission to close marriage of a minor;
d) which is the general court of a natural person, if the management of its legal capacity, if such natural person without their consent in a medical institution, the competent court in whose district the medical facility;
e) in whose district the guardianship of residence, if it is a thing or guardian for permission to marry ward, however, if the guardianship of persons of unknown or absent, the competent court in whose district the persons have property;
f) which was recently in the Czech Republic, the general court, to be declared dead;
g) in whose jurisdiction the registered office of the register, which the court said that it could not determine the date of birth or date of death of a natural person,
h) in the district, the department engaged in medical care in the case of proceedings on the admissibility of accepting or holding in this Constitution;
i) in whose area the property concerned if the management rights to it, unless jurisdiction pursuant to letter b);
j) in whose district the deceased last residence, not the residence or can not find residence in the district had last residence, unless such tribunal, the competent court in whose district the property is deceased, or between several steps competent courts of the one who first performed the act, if the probate proceedings;
k) in whose jurisdiction the place of performance, in the case of proceedings úschovách, where the place of performance of various courts in the circuit is to drive the úschovách competent court, which shall enter into management;
l) in whose jurisdiction the general court of the petitioner, if the management of an amortization schedule, unless the petitioner in the Czech Republic, the general court shall have jurisdiction the court in whose jurisdiction the place of payment, in the case of proceedings for the redemption of securities , issued by a domestic bank, the competent court within whose jurisdiction the bank has its registered office;
m) in which proceedings probate proceedings, if the decision in the context of proceedings concerning inheritance (§ 175k);
n) for which proceedings are pending on úschovách, it is a decision that anyone who opposed the extradition custody subject to the applicant is obliged to agree with him (§ 185e);
o) for which the enforcement is carried out, if the exclusion of things from execution or a decision on the authenticity of, a group or the ranking of applicants to schedule;
p) in whose jurisdiction the registered office organizational unit rail carrier relates to a dispute on the defendant’s side of the unit;
q) in whose jurisdiction the registered office Office for International Legal Protection of Children, in the case of proceedings in matters of international child abduction under an international agreement, which is part of the law of 62 grams), or a directly applicable European Communities regulation 62H)
r) in which proceedings are pending in the case of an action under § 91a;
s) in whose jurisdiction the registered office Office for Protection of Competition, in the case of proceedings under § 200h and 200i;
t) in whose district was auctioned, if it is a matter of public auction in accordance with the Act on public auctions;
u) is the future home of the European society founded if it is to be in the Czech Republic, in the case of the appointment of an expert under special legislation 62e)
v) in whose district the general court of the debtor, in the case of insolvency proceedings
w) in which the insolvency proceedings are conducted in the case of a dispute relating to compensation for damage or other injury to the initiation of insolvency proceedings and actions taken during 53c).

§ 89

The court, which is responsible for the management of certain things, as well as the appropriate management of things associated with it and the interaction proposals defendant, except for those listed in § 88th

§ 89a

Parties in commercial matters may agree in writing to the local jurisdiction of another court of first instance, unless the law provides for exclusive jurisdiction.

Participants

§ 90

Parties are the plaintiff and the defendant.

§ 91

(1) If the plaintiffs or defendants in a matter of a few, by the proceedings each of them for himself.

(2) When it comes to such common rights or obligations that the judgment must be applied to all participants, who performs on the one hand, the acts of one of them and for others. To change the design, to its withdrawal, and entitlement to the settlement, however, requires the consent of all the participants, who performs on one side.

§ 91a

Who makes the claim in whole or in part on the thing or the right, which are pending between other persons may, until the final conclusion of those proceedings to bring an action against the participants.

§ 92

(1) At the request of the plaintiff, the court may allow the management approached the other party. Consent of the person who has thus intervene in the proceedings, it is necessary if it is to act on the part of the plaintiff.

(2) At the request of the plaintiff, the court with the consent of the defendant admitted that the plaintiff or defendant in the proceedings and went to his place entered by someone else. To be so confused plaintiff, it is necessary that he agreed with it and the one who has come in its place.

(3) The provisions of paragraphs 1 and 2 shall not apply in the cases referred to in § 107a.

§ 93

(1) As an intervener may, in addition to the plaintiff or the defendant to attend the proceedings a person who has a legal interest in the outcome, unless the proceedings for divorce, nullity of marriage, or determining whether a marriage is or is not.

(2) The management shall enter on its own initiative or on the request made by one of the parties through the court. The admissibility of intervention by the court decides only on the proposal.

(3) In proceedings for the intervener the same rights and responsibilities as a participant. It is, however, only for himself. If his acts are inconsistent with the acts the participant in the proceeding supports, examine the court after consideration of all the circumstances.

§ 94

(1) In any proceedings that may be initiated without a petition, the petitioner and those participants whose rights or obligations are to be in the proceedings. If it is not a procedure for nullity of marriage or for determining whether a marriage or not, only spouses are parties.

(2) The parties to the proceedings are the petitioner and those which the law refers to as participants.

(3) If any of those whose rights or obligations are to be treated in the proceedings, the lack of capacity since its launch, the court, as soon as known, the order which it puts on the proceedings as a party.

(4) If the proceedings involved the person whose rights or obligations are not in control, the court shall order his participation in the proceedings terminated.

Acts of participants on the merits

§ 95

(1) The applicant (petitioner) can control for the approval of the court to change the opening of proceedings. The amended proposal should be delivered to the other participants in their own hands, if they were not present at the hearing, at which the change occurred.

(2) The court shall not allow the design change, if the results of previous management could not be the basis for proceeding on the amended proposal. In this case, the proceedings shall continue on the original design to final resolution.

§ 96

(1) The applicant (petitioner) may take proceedings for the application to its launch, partially or completely.

(2) If the application is withdrawn, the court proceedings entirely, or in the extent of withdrawal of the petition, it stops. If the motion to initiate proceedings withdrawn until after the court has already decided the case, but the decision is not yet final, the court decides whether the withdrawal of the extent of the revocation.

(3) If the other participants withdrawing the application for serious reasons not agree, the court decides that the withdrawal of the proposal is not effective. If no decision yet on the matter, the court continues after the final order in the proceedings.

(4) The provisions of paragraph 3 shall not apply if there is a withdrawal of a proposal before negotiations began, or in the case of withdrawal of the petition for divorce, nullity of marriage or determining whether a marriage or not, or to withdraw the application for revocation or invalidity absence of partnership.

(5) If a motion to initiate proceedings withdrawn until after the decision on the matter is final, the court decides that the withdrawal of the proposal is not effective.

§ 97

(1) The defendant may apply for the management of their rights against the applicant and the interaction design.

(2) the Mutual, the court may exclude the proposal for separate trial if there are not conditions for joinder.

(3) In a counterclaim, the provisions of the proposal for the initiation of change and withdrawal.

§ 98

Interaction design is the manifestation of the defendant, which the plaintiff claims against his claim for set-off, but only if the claims that have been attributed to more than what the applicant showed. Otherwise, the court considers just such a speech as a defense against the proposal.

§ 99

(1) If it accepts the nature of the case, the parties may terminate the proceedings judicial settlement. Court seeks conciliation between the parties, in an attempt at conciliation President of the Chamber especially with the participants discuss the matter, notifies them of the rules and the opinions of the Supreme Court and the decision published in the Collection of judgments and opinions concerning the case and the circumstances of the case they recommend possibilities of an amicable solution dispute. If the nature of things appropriate, notify the presiding judge participants also the possibility of using mediation under the Act on social mediation or counseling under the Act on Social Services.

(2) The court shall decide on whether to approve a settlement, approve it if it is in conflict with the law. In this case, the court after the final resolution to continue with the procedure.

(3) The approved settlement has the effect of a final judgment. Judgment, however, the court may set aside the order approving the settlement, if the settlement under substantive law invalid. Proposal can be filed within three years of the resolution approving the settlement.

Conduct of the procedure

§ 100

(1) Once the proceedings have been initiated, it proceeds in court without the other proposals, so that as soon as the matter was discussed and decided. It seeks to ensure that the dispute has been resolved amicably.

(2) In proceedings for divorce court leads spouses to eliminate the causes disruption and strives for reconciliation.

(3) Where practical and appropriate, the presiding judge may order the parties to the first meeting with a registered mediator (the “Mediator”), in the range of 3 hours and stay proceedings, but no longer than 3 months. Where the parties fail to agree without delay on the person of the mediator selects it from the list maintained by the Department of the presiding judge. After 3 months in the court proceedings continue. The first meeting may not be required for the duration of provisional measures pursuant to § 76b.

(4) In proceedings to which the participant is a minor child who is capable of forming his opinions, the court shall proceed in order to determine their opinion in the matter. The opinion of a minor hearing the court finds the child. Opinion of the child, the court may, in exceptional cases, to determine also through his representative, expert opinion or authority of socio-legal protection of children. Hearing of the child, the court may be made without the presence of other people, if it can be expected that their presence could affect the child so that they did not express their true opinion, presence of a confidant child who is not his legal guardian and the attendance at the hearing child asks, can court excluded only if its presence undermined the purpose of interrogation. The court takes into account the child’s views with regard to his age and intellectual maturity.

§ 101

(1) In order to achieve the purpose of the proceedings, the parties shall in particular:

a) all argue for deciding the important facts; does if all necessary action claim (to initiate proceedings) or a written statement to her, put them in the course of proceedings,
b) to fulfill the burden of proof (§ 120 paragraph 1) and other procedural obligations imposed on them by law or court
c) follow the instructions of the court.

(2) Unless otherwise provided by law, the court continued the proceedings, even if the participants are inactive.

(3) fails if the subscriber has been duly summoned to the meeting and asked time for good cause for a continuance, the court may hear and determine the matter in the absence of that party; building on the content of the file from the evidence.

(4) If the court asks the participant to comment on a proposal that affects the progress and conduct of proceedings may connect a clause that does not respond to the participant within a certain period, it will be assumed that it has no objection.

§ 102

(1) If it is necessary for initiation provisionally adjust the proportions of participants or if the initiation of proceedings concern that enforcement issued later in the proceedings may be endangered, the court may grant interim measures.

(2) After the proceedings, the court may of its own motion provide evidence if it is a concern that later it can not be done at all or only with great difficulty.

(3) In matters pertaining Chamber orders interim measures or provide proof Senate, the presiding judge may do so only if there is a danger of delay. § 75, paragraph 1, second sentence, § 75, paragraph 2, 4 and 5, § 75a, 75b, 75c § paragraph 1, point. a), § 75c, paragraph 2-4, § 76, 76b, 76c, 76d, 76E, 76f, § 77, paragraph 1, point. b) to d), § 77, paragraph 2, § 77a and § 78 paragraph 3 applies here mutatis mutandis.

(4) After the court proceedings may object to the proposal to ensure the means of evidence in litigation relating to intellectual property rights, the provisions of § 78b paragraph 1, § 78d and § 78e, paragraph 1, 2 and 4, § 78f, paragraph 1, point. b) and c), § 78f paragraph 2 and 3 and § 78 g applies here mutatis mutandis.

To proceedings

§ 103

Whenever the court shall take into account management as to whether the conditions under which it may decide on the merits (control condition).

§ 104

(1) In the case of such a lack of driving conditions, which can not be removed, the court shall terminate the proceedings. If the matter does not fall within the jurisdiction of the courts or to help prevent other proceedings, the court shall refer the matter for final resolution to terminate the proceedings to the competent authority; legal effects associated with the filing of the application (the application initiating proceedings) remain fully intact.

(2) In the case of lack of driving conditions, which can be removed, the court shall take appropriate action. It can usually continue the proceedings, but may not decide on the merits. Failing to remove the lack of driving conditions, driving stops.

§ 104a

(1) examines the substantive jurisdiction of the court at any time for management.

(2) If a district or county court considers that there is no subject-matter jurisdiction, it shall submit a report on the matter to his superior that the High Court if the case in his opinion, belong to the jurisdiction of the district, regional or high courts, or courts established to deal and deciding things a certain type, or the Supreme Court, if the case, in his opinion, belong to the jurisdiction of the Supreme Court. Parties have a right to this court process and present observations reported. High Court (Supreme Court) then decide which courts are to hear and decide the case in the first instance, if not itself subject-matter jurisdiction.

(3) If proceedings are instituted in the High Court and if it considers that there is no subject-matter jurisdiction, the Supreme Court decided that courts are to hear and decide the case in the first instance. This does not apply panel if the Supreme Court concluded that the case belongs to the jurisdiction of the Supreme Court, in which case the matter before the report on the Supreme Court. Parties have the right to question jurisdiction of the comment.

(4) If proceedings are brought before the Supreme Court or if the matter submitted to the Supreme Court by the High Court, the Supreme Court decided that courts are to hear and decide the case in the first instance, if it is not itself subject-matter jurisdiction.

(5) Similarly, in accordance with paragraphs 2 to 4 shall be applied will say if the lack of jurisdiction of the court party.

(6) In the resolution, which decided that the consideration and decision on jurisdiction in the first instance by other courts, before which the proceedings have been initiated, the court shall also indicate to whom the case was referred for further proceedings, § 105 is not affected by .

(7) The order of the High or Supreme Court of jurisdiction of the parties and the courts are bound.

(8) The provisions of paragraphs 2 and 7 shall not apply if the matter belongs to the jurisdiction of the court which decides by a special Act 96) of administrative justice.

§ 104b

(1) If the thing belongs to the jurisdiction of the court which decides by a special Act 96) of administrative justice, the court shall suspend the proceedings. In order to stop the proceedings, the petitioner also be advised of the possibility of legal action against the decision of the administrative authority in administrative justice.

(2) The provisions of paragraph 1 shall not apply to claims the petitioner under a special Act 96) protection against the inaction of the executive authority, authority local government units, as well as legal (physical) person or body entrusted with deciding on the rights and obligations of natural and legal persons in the field of public administration, protection against unlawful interference, coercion instruction or the authority of the executive authority of local government units, as well as legal (physical) person or body entrusted with deciding on the rights and obligations of natural and legal persons in the public administration, decisions on matters of political parties and political movements or decision on jurisdictional response. In those cases, the court will rule that there is no subject-matter jurisdiction, and decided to transfer the case factually competent court, which decides matters of administrative justice. Legal effects associated with the filing of the application initiating proceedings remain.

(3) If the Senate specialized regional court established by a special Act 96) to hear and decide cases of administrative justice and another chamber of the same county court questionable whether it is a matter of administrative justice, proceed in accordance with a separate law 97) The provisions of paragraphs 1 and 2 does not apply.

(4) The parties have the right to address the issue of substantive jurisdiction under paragraph 1 or 2, or the procedure in paragraph 3 comments.

§ 104c

(1) If the thing belongs to the jurisdiction of the court which decides by a special Act 96) of administrative justice, does not proceed in accordance with § 104b, if the court decides by a special Act 96) of administrative judiciary, in the same case a final decision rejected the proposal with the fact that it was a thing that courts hear and decide in civil proceedings.

(2) The court in the case referred to in paragraph 1, the Senate established under a separate law, 97) to decide this controversy over the substantive jurisdiction.

§ 105

(1) The local jurisdiction of the court examines only the end of the preparatory hearing under § 114C. When this failed to prepare meetings, court examines only local jurisdiction before it begins to act on the merits or, if decided on the merits without a hearing, just before the decision, this does not apply if an order for payment, electronic payment order or a European order for payment. Later, the court examines only been carried out to prepare the hearing under § 114C, and only objection to the party, which was applied in the first act that the party belongs. When examining the local jurisdiction shall be disregarded for the preparation of meetings, negotiations and other actions before a court has no jurisdiction and the substantive decisions issued materially court has no jurisdiction.

(2) If the court pronounces that it is not appropriate, refer the matter to the legal authority of this resolution to the competent court or under the terms of § 11, paragraph 3, the Supreme Court.

(3) If the court to which the case was referred to it disagrees with the assignment, submit it to decide the question of jurisdiction if it has not been decided by the court appeal, his superior court, the decision of this court is bound by the court that referred the case to.

(4) rejoins the party timely and reasonably lack of territorial jurisdiction, the court similarly under paragraphs 2 and 3; otherwise reject the objection resolution.

§ 106

(1) Once the court on the objection raised by the defendant in the first action on the merits finds that the matter should be dealt with under the contract the parties in the proceedings before the arbitrators can not discuss the matter further and terminate the proceedings, however, discuss the matter, unless the parties declare that the treaty prevail. The court discussed the matter and if it finds that the matter can not be subjected to Czech law arbitration agreement or that the arbitration agreement is invalid, or that does not exist, or that its discussion in the proceedings before the arbitrator goes beyond the jurisdiction conferred on them the contract, or that the judge Court refused to deal with things.

(2) If the court proceedings pursuant to paragraph 1 is stopped and the same thing was proposed to initiate proceedings before the arbitrators, shall remain the legal effects of the original design are maintained, if the document instituting the proceedings before the arbitrator filed within 30 days from receipt of the decision of the court discontinuance.

(3) If the proceedings before the arbitrators started earlier, before the judicial proceedings, judgment shall of absence, invalidity or termination of the contract until the time as the arbitration decision on jurisdiction or on the merits.

Obstacles management procedure

§ 107

(1) If a participant loses after the opening of the capacity to be a party to proceedings before the procedure was finally finished, the court will assess the nature of things, whether the proceedings can continue. If you can not immediately continue the proceedings, the court shall stay the proceedings. About it, with whom the proceedings will be continued, the court shall decide by resolution.

(2) loses the capacity to be a party to an individual and allows the nature of the case to continue the proceedings are procedural successor, unless the law provides otherwise, her heirs, or those of them who, according to the outcome of probate proceedings took right or obligation on which the proceedings relate.

(3) loses the capacity to be a party person, and it allows the nature of the case to continue the procedure, the process is its successor, unless otherwise provided by law, those who, after dissolution of a legal person entered its rights and obligations, or those who after the dissolution of a legal person assumed the rights and obligations on which the proceedings relate.

(4) A person who starts to intervene in place of the existing party must accept the case, what is there at the time of his accession to the proceedings.

(5) However, where the nature of things in the procedure, the court shall suspend the proceedings. Court shall suspend the proceedings especially when the husband dies before the final termination of proceedings for divorce, nullity of marriage or for determining whether a marriage or not, if the law does not allow the proceedings to continue, management also stops if the partner dies before final termination of proceedings for revocation, invalidity or lack of partnership, if it was already decided on the matter, the court shall cancel the decision together.

§ 107a

(1) If the applicant considers that occurred after the initiation of legal fact with which legislation combine transfer or transfer the rights or obligations of a party to the proceedings in which it may before the court decides on the case, suggesting that acquirer rights or obligations entered in the proceedings in place of the existing subscriber, this does not apply in the cases referred to in § 107th

(2) The court shall satisfy the draft resolution, if it is established that occurred after the initiation of legal circumstances referred to in paragraph 1, and if it agrees with the one who has come to the place of the applicant; consent of the defendant or the person who has come in its place, is required. Legal effects associated with the filing of the action remain.

(3) The provisions of § 107, paragraph 4 shall apply mutatis mutandis.

§ 108

Court stops the process of determining paternity, if paternity has been consent of a parent or nezrušitelnému adoption.

§ 109

(1) The court proceedings interrupted if

a) the participant lost the capacity to act before a court and is not represented by a representative with power of attorney;
b) the decision depends on the question, which in this case is not entitled to be addressed;
c) concluded that the law should be applied in consideration or decision of a matter, or its individual provisions are in conflict with the constitutional order and handed to the Constitutional Court for the annulment of the law or its individual provisions
d) decided to ask the European Court of Justice for a preliminary ruling. 62d)

(2) If the court does not make other appropriate measures may stay the proceedings if

a) the participant is unable to participate in the proceedings for obstacle permanent nature or because it is of unknown residence;
b) the legal representative of the participant died or lost the capacity to act before the court;
c) is a procedure in which a question is solved, which may be relevant to the decision of the court or if the court gave the request for an incentive, this does not apply in proceedings to permit registration in the Commercial Register.

§ 110

If the participants consistently suggest or if fails without prior excuse to act, or if at least one of the participants will design and others without prior excuse fails to act, the court shall stay the proceedings if the jam and purpose of the proceedings. In the case of proceedings for divorce, the court suspended the proceedings in these cases always.

§ 111

(1) If proceedings are stayed, negotiations do not take place, and does not limit under this Act. If the control continues deadlines begin to run again.

(2) If the proceedings are suspended under § 109, the court shall take all appropriate measures to eliminate obstacles that caused the disruption or interruption that lasts. Once the barrier falls for which the proceedings were interrupted, the proceedings shall continue without it.

(3) If the proceedings are suspended under § 110, continues in the court of the proposal after three months. With the exception of the divorce proceedings, the court may, on a proposal if they are serious reasons for it, and even its own motion, if justified by the interests of the minor child to continue the proceedings even before the expiry of this period. If the proposal is the continuation of the proceedings filed within 1 year, the court shall suspend the proceedings.

Joinder

§ 112

(1) In the interests of procedural economy, the court may combine to jointly manage the things that were initiated by him and in fact are related or relate to the same parties.

(2) If the application initiating proceedings, the things that are not fit to join or drop out if the reasons for which they were attached judicial proceedings, the court may exclude one thing disjoined.

§ 113

With control of paternity is associated control on education and nutrition minor.

§ 113a

With control of the invalidity of the general meeting of the company or meeting of members is associated cooperative action for damages that arose from the invalid resolution.

Preparation meeting

§ 114

(1) Following the opening, President of the Chamber mainly examines whether the conditions and procedures that have been removed from defects in the application (the application initiating proceedings).

(2) Stops the court proceedings because there is such a lack of driving conditions that can not be removed (§ 104 paragraph 1), or that the lack of management conditions could not be removed (§ 104 paragraph 2), or for other reasons specified law, 63) or reject the proposal (§ 43, paragraph 2), the proceedings are pending.

§ 114a

(1) Unless it is determined pursuant to § 114, paragraph 2, prepare the President of the Chamber of conduct in order to seek a decision rule in a single meeting.

(2) To that end, the President of the Chamber

a) the defendant, or other participants who have not instituted the proceedings, it prompts to express in writing in the matter and to submit documentary evidence to the court to which they refer, unless such an approach is the nature of things irrational;
b) notify the parties the possibility of using mediation under the Act on social mediation or counseling under the Act on Social Services, if appropriate;
c) request a report on the facts that are relevant to management and decision (§ 128);
d) appoint an expert, if the conditions under § 127;
e) ensure that the negotiations can make the necessary evidence and, if appropriate, may take evidence by the requested court;
f) take other appropriate measures.

§ 114b

(1) Where the nature of the matter or the circumstances of the case, and even if it was a case decided by the order of payment, electronic payment order or a European order for payment, the presiding judge may place notices under § 114a paragraph 2, point. a) or, if no such challenge properly and timely complied, defendant Resolution save that the things expressed in writing and in the event that the claim made in the application fully recognize, in a statement described the critical elements on which it bases its defense, and the expression joined the documentary evidence relied upon, or called evidence to prove their claims, this does not apply in cases which can not be closed and to approve a settlement (§ 99, paragraph 1 and 2), and the matters referred to in § 120 paragraph 2

(2) To submit comments pursuant to paragraph 1, the President of the Chamber shall prescribe a period of not less than 30 days from receipt of order. If it has been decided on the matter of payment orders, electronic payment order or a European order for payment shall be determined by that deadline to the date of expiry of the resistance against the order for payment, electronic payment order or European order for payment.

(3) The resolution under paragraph 1 shall not be issued or delivered after the preparatory hearing under § 114C or after the first hearing in the case.

(4) The resolution referred to in paragraph 1 shall be served on the defendant in his own hands. Alternative delivery is excluded, this does not apply if delivered through a public data network to a data box. The resolution must be served on the defendant before the action.

(5) If the defendant has no good reason to challenge the court pursuant to paragraph 1 does not react in time, nor within the time the court tells you how serious reason prevents him from doing, it is considered that the claim, which is applied in an action against him, recognizes; of this effect (§ 153a paragraph 3) must be advised. This does not apply if the prerequisites for discontinuance or refusal of the application.

§ 114C

Preparatory meeting

(1) If you can not decide on the merits without a hearing, unless or can not be a procedure pursuant to § 114a paragraph 2 meeting prepared so that the matter can be decided in a single meeting, and did not proceed according to § 114b President of the Chamber, with the exception of litigation and other legal matters in which such an approach is with regard to the circumstances of the case ineffective, directs and performs the preparatory meeting.

(2) The preparatory meeting presiding judge summons the parties and their representatives, where appropriate, other persons whose presence is necessary. Summons to the preparatory meeting shall be delivered into your hands. Alternative delivery is excluded, this does not apply if delivered through a public data network to a data box.

(3) During the pre-hearing, the President of the Chamber especially

a) in conjunction with the participants clarify whether the driving conditions, and shall take measures to eliminate the shortcoming management conditions
b) invite the parties to the protocol to supplement their required assertion of facts relevant to the case and proposals to produce evidence to prove them, and to meet its other procedural obligations, and provide participants with the necessary instruction; § 118a applies here mutatis mutandis,
c) attempts to amicably resolve the matter (§ 99),
d) the parties to enact the first meeting with the mediator pursuant to § 100 paragraph 3, if it is practical and appropriate,
e) require the parties further procedural requirements necessary to achieve the purpose of the proceedings.

(4) Procedural obligation under paragraph 3 participants are required to meet the end of the preparatory meeting. For important reasons, court participants shall at the request of one of them a deadline to complete assertion of facts decisive for the cause, to submit proposals to produce evidence or to comply with other procedural obligations, this period may not be longer than 30 days.

(5) Before the end of the preliminary hearing, the President will instruct the Chamber, except for those listed in § 120 paragraph 2, the parties present that the facts and the evidence indicated marked after the preparatory meeting, or after the expiry of the period referred to in paragraph 4, second sentence, the be taken only under the conditions specified in § 118b paragraph 1

(6) fails if the defendant to the preparatory meeting, although he was duly summoned and timely at least 20 days in advance and it was duly delivered to the action, without timely and important reason to apologize, it is, with the exception of those which can not be closed and approve a settlement (§ 99, paragraph 1 and 2), and the items specified in § 120 paragraph 2, for the fact that it recognizes the claim, which is applied in an action against him, for this effect (§ 153a paragraph 3) must be trained in summons to the preparatory meeting. This does not apply if the prerequisites for discontinuance or refusal of the application.

(7) fails if the preparatory hearing, the applicant or any other applicant, although he was duly summoned and timely at least 20 days in advance, without timely and important reason to apologize, court proceedings, except for those listed in § 120 paragraph 2, stops o this effect must be instructed in the summons to the preparatory meeting.

Action

§ 115

(1) Unless otherwise provided by law, the President shall order the Senate to discuss the merits hearing, on which summon the parties and all persons whose presence is necessary.

(2) The summons shall be delivered to the participants so that they have enough time to prepare, usually at least 10 days before the date of the meeting is to take place, if not preceded by a preparatory meeting.

§ 115a

To debate the merits hearing need not be ordered if the matter can be decided only on the basis of the documentary evidence submitted by the parties and participants to the right of participation in the hearing of the case give up, or things with a decision without a hearing agree, this does not apply in the cases referred to in § 120 paragraph second

§ 116

(1) Meetings shall be public except for activities carried out by notaries as judicial commissioners.

(2) The public may be for the whole hearing or part excluded if only the public hearing jeopardize the secrecy of classified information is protected by a special law, 56) trade secrets, important interest of the participants or morality.

(3) If the public is excluded, the court may permit the individual natural persons to be an act or part thereof present; learn at the same time that they are required to maintain the confidentiality of all matters in negotiations on classified information, trade secrets or other interests of the participants learned .

(4) Even if the public is excluded, the court may deny minors access to meetings and individuals, where it is feared that they might interfere with the dignified course of action.

§ 117

(1) The presiding judge launches, manages, and ends meetings, grants and withdraws the word evidence is taken, provides appropriate measures to ensure fulfillment of the purpose of negotiations and announce decisions. It caters while the negotiations took place peacefully and with dignity and that thing could be fully, fairly and expeditiously dealt with.

(2) In matters pertaining to individual acts of Appeal may perform in proving the approval of the President also members of the Chamber.

(3) Who in matters pertaining to the Senate disagrees with the President of the Senate measure, which made at the hearing may request that the Senate decided.

§ 118

(1) After negotiations President of the Chamber shall invite the applicant (petitioner) to present an action (the opening of proceedings) or told its content, and the defendant (other parties) to present or communicate the contents of the written statement filed in the case, filing absent participants reads or communicate the contents of the presiding judge. Defendant (another participant), which has not made a written submission, President of the Chamber asks that in its observations. If necessary, the Chairman of the Chamber participant also invited to supplement their claims, and to propose to prove its argument.

(2) After execution of the procedures referred to in paragraph 1, the President of the Chamber shall communicate the results of the preparation and conduct management of the available results indicate that legally significant factual allegations of the participants can be considered as the same, which legally significant factual allegations remained controversial and which so far proposed evidence will be made, or evidence that the court will, even if the participants suggestions.

(3) Unless otherwise provided by law, determine the next course of the hearing, the President of the Chamber according to the circumstances of the case.

§ 118a

(1) If, during the negotiations, the participant nevylíčil all the facts stated or that is incomplete, it shall invite the President of the Chamber, added to their claims, and teach him what’s assertion supplement and what are the consequences of failure of this call .

(2) If the President of the Chamber considers that the case can be legally assessed otherwise than in accordance with Subscriber’s legal opinion, invite the participant to the extent necessary complement representation of the relevant facts; follows a similarly under paragraph 1

(3) If the presiding judge during the hearing that the party has proposed an evidence needed to prove all his controversial claim, invite him to the evidence identified without undue delay, and warns him of the consequences of failure to meet this challenge.

(4) Where the President of the Chamber provides participants also learned about other their procedural rights and obligations, this does not apply if the party represented by a lawyer or notary public in the extent of its authority established by special regulations. 57)

§ 118b

(1) In cases in which preparations were made hearing under § 114C, participants can bring the relevant facts on the merits and identify evidence to prove their only until the end of the preparatory meeting, or until the deadline, which had been granted to complete assertion of facts important to the cause, to submit proposals to produce evidence or to comply with other procedural obligations (§ 114C, paragraph 4). If it was not carried out to prepare a hearing under § 114C, participants can bring the relevant facts on the merits and identify evidence to prove their only until the end of the first session, or until the deadline, which was provided to the participants to complete assertion of facts relevant to the case, to submit proposals to produce evidence or to comply with other procedural obligations. The later mentioned facts and identified evidence the court may take into account only if it is a fact or evidence to be called into question the credibility of the evidence made that occurred after the preparatory, and unless carried out after the first act, or which party could not without his guilt early state, as well as facts or evidence which participants said after being one of them requested to provide relevant facts under § 118a paragraph 1 to 3

(2) If the allowed variation of the action (§ 95), not the effects of prejudice to paragraph 1. If there is another party to accede (§ 92 paragraph 1) or substitution of participant (§ 92 paragraph 2), occur in relation to the effects of new entrants under paragraph 1 of the end of the first act, which was ordered after the accession or substitution of a party and which are things in place, must be given to participants instructed in the summons to the meeting.

(3) The restrictions referred to in paragraphs 1 and 2 shall not apply in the cases referred to in § 120 paragraph 2 and, that the participants were not properly instructed in accordance with paragraph 2 of the second sentence, the semicolon or § 114C paragraph 5

§ 119

(1) The meeting may be adjourned only for important reasons, which must be disclosed. Unless prevented by circumstances of the case, the presiding judge shall adjourn the meeting day when there will be another meeting to the provisions of § 115a applies here mutatis mutandis.

(2) A further meeting must be summoned participants generally at least five days in advance.

(3) There is a change in the cast of the court, the presiding judge at the beginning of the next hearing submissions, and communicate the content of the evidence.

§ 119a

(1) Before the end of the meeting the President of the Senate shall, except in cases provided for in § 120 paragraph 2, the parties present at the meeting advised that all the facts must indicate that the evidence must be identified before they announce the decision in the matter, because later the facts alleged and the evidence is the reason the Board only under the conditions specified in § 205a. The provisions of § 118b and § 175 paragraph 4 of the first sentence after the semicolon are not affected.

(2) If the parties even after instruction pursuant to paragraph 1 new facts and evidence not deliver if new facts and evidence were applied in conflict with § 118b or § 175, paragraph 4 of the first sentence after the semicolon, or if the court ruled that the evidence does not, President of the Chamber will invite the participants to summarize their proposals and to comment on the evidence and the factual and legal aspect of the case.

Title Two

Evidence

The burden of proof

§ 120

(1) Participants are required to identify evidence to prove their claims. The court decides which of the proffered evidence does.

(2) In cases where it is possible to initiate proceedings of its own motion, and proceedings for permission to marry, in proceedings for the denial of parenthood and, in the process of determining whether the child’s parents must consent to the adoption, the adoption proceedings , in proceedings for the appointment of an arbitrator or presiding arbitrator in the proceeding on consent to termination of the Lease, in proceedings on dismissal of the Lease, in proceedings on unilateral increase of rent, in proceedings on alien laws and securing his release and proceedings some of the issues companies, cooperative societies and other legal persons (§ 200e), the court shall also make any other evidence necessary to establish the facts than were participants proposed.

(3) Unless the proceedings referred to in paragraph 2, the court may make other than participants proposed evidence in cases where they are required to establish the facts and follow the contents of the file. Failing any indication by the parties evidence needed to prove their claims, based on the court in determining the facts of the evidence that’s been made.

(4) The court may also take as its findings of fact identical allegations participants.

§ 121

There is no need to prove facts which are generally known or famous court from its activities, as well as legislation published or notified in the Collection of Laws of the Czech Republic.

Implementation of evidence

§ 122

(1) Proving court conducted the hearing.

(2) If appropriate, it may be the evidence requested by another court or the presiding judge may be evidence of the commission of the Chamber carry out the proceedings or the evidence can be made using a technical device for the transmission of picture and sound. Participants have the right to be present at the inquiry carried out as follows. Its results should always be at the hearing to communicate.

(3) The Senate may always choose to be accompanied by evidence before or repeated.

§ 123

Participants have the right to comment on the proposals of the evidence and all the evidence which has been carried out.

§ 124

Inquiry should be carried out so as to be spared the obligation to maintain the confidentiality of classified information protected by a special law 56) and other statutory or recognized by the state secrecy. In these cases examined, only when interrogated acquitted of confidentiality by the competent authority or the person in whose interest is the obligation; appropriately it applies even where evidence is made otherwise than by hearing.

Evidence

§ 125

Can serve as evidence of any means by which you can determine the state of things, particularly the examination of witnesses, expert opinions, reports and statements of authorities, individuals and legal entities, notary or executor records and other documents, inspection and examination of participants. If proof is not the way prescribed, determined by the court.

§ 126

(1) Any natural person who is not a party is required to appear on a summons to appear and testify as a witness. Must testify the truth and withhold nothing. Denunciation may withhold only if it caused incriminate themselves or next of kin; justification for refusal to testify by the court.

(2) At the beginning of the hearing is necessary to determine the identity of the witness and the circumstances that may affect his credibility. It is also necessary to learn about the importance of witness testimony, of his rights and obligations and criminal consequences of perjury.

(3) The presiding judge shall invite the witness to continuously portrayed everything he knows about the subject of questioning. Have the right to ask questions successively President of the Chamber, the Senate members, participants and experts. Question the participant or the presiding judge admit expert, but if not related to the subject of the hearing or suggest an answer or if the particular unproved or false pretense fact misleading, if not make a record of testimony, the presiding judge shall always logged in the reasons for question was not admitted.

(4) An individual who is a statutory body of a legal person (member of this body) can be heard in proceedings to which the participant is a legal person, in accordance with § 131st

126a

(1) A natural person to testify about the circumstances relating to legal persons and occurring at the time of its statutory body or a member of that body, is obliged to attend a summons to appear in proceedings to which the participant is a legal entity.

(2) The hearing of a natural person referred to in paragraph 1 shall be conducted pursuant to § 131, paragraph 2, second sentence, and § 131 paragraph 3

§ 127

(1) When a decision depends on an assessment of factors which need expertise, require trial before a public authority expert opinion. If the complexity of the issues under consideration such a procedure is not sufficient or if there is doubt about the correctness of submitted expert opinion, the court expert. The court heard expert, experts can also save the report drawn up in writing. If established several experts may submit a joint report. Instead of questioning the expert, the court may, in justified cases settle with a written expert opinion.

(2) If doubt about the correctness of an assessment or if the report is unclear or incomplete, it is necessary to ask the expert to explain. If it came to nothing, the court allowed an expert report reviewed by another expert.

(3) In exceptional cases, particularly in difficult cases requiring special scientific assessment, the court may appoint an expert opinion or review report submitted by an expert government agency, research institute, university or institution specializing in expert activities.

(4) the Participant, or to someone else, the presiding judge may impose, to come to the experts, brought him the necessary items, handed him the necessary explanations, underwent a medical examination or blood test, or to anything done or suffered, if it is to provide an expert opinion needed.

(5) The issue of expert opinion referred to in paragraph 1 shall comprise the financial compensation, if so stipulated by a special regulation.

127a

If the expert opinion submitted by a party has all the essentials required by law expert and includes a clause that is aware of the consequences of knowingly false expert opinion, the procedure for the implementation of this evidence as if it was the expert opinion requested by the court. Court allows experts which one of the parties requested an expert opinion to see the file or else it will become familiar with the information necessary for an expert opinion.

§ 128

Everyone is obliged to communicate free of charge on request court facts which are relevant for the management and decisions. The provisions of § 139 paragraph 3 is not affected. Court to refuse to communicate these facts can only one who could do so as a witness pursuant to § 126 paragraph 1

§ 129

(1) Proof deed is done so that it, or part of the hearing, the President of the Chamber shall read or its content may make participants for consultation, if it is sufficient.

(2) The presiding judge may require the person who has the deed to the evidence required to be submitted, or affixes itself from another court, authority or entity.

§ 130

(1) Inspection of an object, which can be transported to court, will be at the hearing. For this purpose, the presiding judge may impose to anyone who has required the subject to submit it.

(2) Otherwise, the inspection carried out on the spot. Is it necessary to summon those who are summoned to a hearing.

§ 131

(1) Proof of participants questioning the court may order, if evidenced by the fact you can not prove otherwise, and if the participant agrees to be heard, it does not apply in proceedings referred to in § 120 paragraph 2 and in proceedings for divorce or annulment procedure, invalidity or absence of partnership.

(2) If the court will order a proof hearing the parties, participants are required to appear for questioning. In his interview to denounce the truth and withhold nothing; notice must be advised.

(3) The provisions of § 126, paragraph 3 shall apply mutatis mutandis here.

Assessment of evidence

§ 132

Court assesses the evidence at its discretion, and that each piece of evidence separately and all the evidence in their mutual relations, taking into account carefully to everything that came out for the management, including what participants said.

§ 133

The fact for which the statutory presumption, which allows evidence to the contrary, the court is to be established, unless the proceedings prove otherwise.

§ 133a

If the claimant state court facts from which it may be inferred from the defendant that there has been direct or indirect discrimination

a) based on sex, racial or ethnic origin, religion, faith, belief, disability, age or sexual orientation in employment or other employment, including access to, occupation, business or other self-employment activities, including access, Membership in organizations of workers or employers, and membership and activities in professional chambers 56b)
b) on the basis of racial or ethnic origin in the provision of health and social care, access to education and training, access to public procurement, access to housing, membership in associations and interest in the sale of goods in a shop or service 56c), or
c) based on sex in access to goods and services 56d)

the defendant must prove that there was no breach of the principle of equal treatment.

§ 133b

If the examination was reasonable sample goods whose production could be an infringement of rights of intellectual property, the court findings resulting from the inspection, it proved to all goods.

§ 134

Charter issued by the courts of the Czech Republic or other state bodies within their jurisdiction, as well as documents that are specific rules declared as public, confirm that it is a statement of direction or authority which issued the deed, and unless proof to the contrary, even the truth of what is in them certified or confirmed.

§ 135

(1) The court is bound by the decision of the competent authorities that a crime has been committed, offense or other administrative offense punishable under special regulations, and who is committed, as well as decisions on personal status, the court is not bound by the decision in the administrative hearing.

(2) Otherwise, issues on which to decide another institution, the court may judge for himself. If there was not a question of a decision issued by the competent authority, the court out of it.

§ 136

If you can find a amount of claims with significant difficulties or can not be ascertained at all, determined by the court in its discretion.

Chapter Three

Costs

Types of costs

§ 137

(1) Costs are primarily cash expenses of the parties and their representatives, including legal fees, lost earnings of participants and their legal representatives, costs of evidence, notary fee for transactions conducted judicial commissioner and his cash expenses, reward manager heritage and its cash expenses, interpreter , compensation for value added tax, gratuity and compensation for representing the mediator under the Act on Mediation for the first meeting with the mediator ordered by a court pursuant to § 100 paragraph 3

(2) The fee for representing one of the Costs only if the agent has a lawyer or a notary public in the extent of its powers established special regulations 57) or a patent attorney in the range of authorization provided by special legislation 57b).

(3) Compensation for the value added tax is one of the Costs only if the agent

a) a lawyer, notary public in the extent of its powers established special regulations 57) or a patent attorney in the scope of its authority established by special legislation 57b), which is a payer of value added tax under special legislation 57d)
b) a lawyer who is a member of a legal entity established for the purpose of advocacy under a special legal regulation 57E), and the payer of value added tax under special legislation 57d) is the legal entity,
c) Patent Attorney within the scope of his authority established by special legislation 57b), which is a partner, shareholder, employee or member of the statutory or supervisory body of patent attorneys 57F), and the payer of value added tax under special legislation 57d) is the legal entity ,
d) a lawyer who is an employee of another lawyer or a legal entity established for the purpose of advocacy under a special legal regulation 57E), and the payer of value added tax under special legislation 57d) is the employer of a lawyer.

(4) Compensation for the value added tax is one of the costs of management, if done in probate proceedings judicial acts Commissioner notary who is a payer of value added tax under special legislation 57d).

§ 138

(1) At the request of the presiding judge may admit the participant part exemption from court fees, if warranted by the circumstances of the participant and not to the arbitrary or manifestly unsuccessful application or obstruction of justice; admit participant exemption from court fees can be quite rarely, if therefore particularly serious reasons, and this decision must be justified. Unless the presiding judge otherwise, the liberation of the whole procedure and it has retroactive effect; fees paid prior to the decision on exemption shall not revert.

(2) The presiding judge granted an exemption for the management withdraws at any time, or even retroactively, if a final conclusion of the proceedings, that the situation does not warrant an exemption participant, or did.

(3) If a party exempted from court fees appointed representative, the exemption applies to the extent to which they were granted, and the representative of pocket expenses and to remuneration for representation.

§ 139

(1) Witnesses and natural persons referred to in § 126a shall be entitled to reimbursement of cash expenses and loss of earnings (svědečné). This right shall expire if not exercised within three days of the examination or the date on which the witness reported that the interrogation occurs. The fact the court must witness and natural persons referred to in § 126a learn.

(2) If an expert report filed or made interpreting the act is entitled to reimbursement of cash expenses and remuneration (expert fees and interpreter). Special regulations stipulate to whom and how much to pay expert fees and interpreter.

(3) A person whom the court imposed in proving an obligation, especially to provide a list has the same rights as a witness, unless the participant. He must apply the same conditions as witnesses.

(4) The rights referred to in paragraphs 1-3 discretion of the Chairman of the Senate.

Payment of costs

§ 140

(1) Each party to pay the costs incurred by him in person, and costs of its representative. Common costs paid participants in proportion to intervene in the case and control; can not determine if the ratio of participation, is equally valid. The participants referred to in § 91 clause 2 applies common costs jointly and severally.

(2) If a party representative appointed attorney or guardian, pays his cash expenses and fees for representation, where appropriate, compensation for value added tax, the state in determining the reimbursement of cash expenses and fees for representation shall be governed by the provisions of a special regulation on contractual remuneration 64) and compensation for value added tax court determines the remuneration for representation and reimbursement of cash expenses at the rate of value added tax provided for special legislation 57d). In justified cases, the lawyer shall provide adequate backup.

(3) In probate proceedings pays the notary fee and cash expenses, or for reimbursement of the value added tax, the heir, which came heritage, which is not indebted. If several heirs, the following costs according to the proportion of the net value of their inheritance shares. In other cases the cost.

(4) If ordered first meeting with a mediator pursuant to § 100 paragraph 3, or § 114C, paragraph 3, point. d) pay the subscriber fee for exempt state court fees in determining remuneration for representation shall be governed by the provisions of a special regulation and compensation for value added tax court determines the remuneration at the rate of value added tax provided for special legislation 57d).

§ 141

(1) If the expected costs of evidence that participant suggested or ordered by a court that the facts mentioned by him or in his interest, the President of the Senate party, unless exempted from court fees, so before making a down payment according to the estimated amount of costs otherwise not be involved in the proposed evidence to be made of the participant must be informed.

(2) Costs of evidence not covered by the deposit, as well as cash expenses established representative who is not a lawyer, and costs associated with the fact that the party acting in their own language or communicates some of the communication systems of deaf and deafblind people, the state.

Reimbursement of costs

§ 142

(1) Participants who had full success in the matter, the court shall grant to pay the costs necessary to the efficient enforcement or protection of law against the party who had been unsuccessful.

(2) If the participant had been unsuccessful only partial reimbursement of court costs fairly distributed, or utters that none of the parties has the right to reimbursement.

(3) Even though the party was unsuccessful only in part, the court may grant a full refund of the costs, if he had failed in a relatively small part or a decision depended on the amount of transactions on expert opinion or at the discretion of the court.

(4) In proceedings initiated at the request of the Attorney General or the Public Prosecutor’s Office in accordance with special regulations 58) court admits the defendant under the conditions specified in paragraphs 1 to 3 reimbursement of these costs against the state. This applies mutatis mutandis if the proceedings brought by the Office of the Government Representation in Property Affairs in the cases and under the conditions specified in § 35a.

142a

(1) The applicant, who had success in cases brought under § 80 point. b) be entitled to recover costs against a defendant only if the defendant within a period of at least 7 days prior to the institution of proceedings sent to the delivery address or the last known address of the call to meeting.

(2) If the reasons worthy of special consideration, the court rarely pay the costs, in whole or in part to grant the applicant, even if the plaintiff defendant challenge to meet the conditions specified in paragraph 1 did not send.

§ 143

The defendant, who had been unsuccessful, has the right to pay the costs against the applicant, if his conduct did not give rise to the request to open proceedings.

§ 144

Participants are not entitled to compensation for the costs of divorce or nullity of marriage or determining whether a marriage is or is not, or of the revocation, invalidity or lack of partnership. However, the court may award as compensation for these costs or part justified by the circumstances of the case or the situation of the participants.

§ 145

Participant, who confesses court to pay the costs, confesses the expense interim measures and the provision of evidence, preservation of evidence and the burden of ensuring the subject resource in matters relating to intellectual property rights.

§ 146

(1) None of the parties has the right to pay the costs, according to its outcome if proceedings

a) could be initiated even without design; This does not apply where warranted by the circumstances of the case an award of costs
b) ended amicably, if it was not on the reimbursement agreed otherwise;
c) has been discontinued.

(2) If any of the parties at fault, that the procedure had to be terminated is to bear its costs. However, if the defendant’s conduct (other party) withdrawn proposal, which was filed reasonably, is to bear the costs of the respondent (the other party).

(3) If the court rejects the complaint or other document instituting the proceedings, the applicant (petitioner) is obliged to compensate the other participants in their costs.

§ 147

(1) A party or his representative, the court may impose to bear costs that would otherwise be incurred if it is caused through the fault or if such costs incurred by accident that they occurred.

(2) The court may order witnesses to individuals listed in § 126a, experts, interpreters or those taking of evidence had an obligation, if caused costs that would otherwise be incurred to replace the participants.

§ 148

(1) The state, according to the results of the proceedings against parties the right to pay the costs, which paid if they are not prerequisites for exemption from court fees.

(2) The court may order witnesses to individuals listed in § 126a, experts, interpreters or those taking of evidence had an obligation, to replace state costs that would not otherwise be incurred, if culpable.

(3) For debts incurred due to state law to pay the costs of proceedings against the persons referred to in paragraphs 1 and 2 of the state-paid costs, interest on late payment is not being.

(4) For the recovery of claims referred to in paragraph 3, the procedure set tax rules.

§ 149

(1) If a lawyer has represented the party, which was attributed to the costs is the one who has been ordered to pay such costs, shall pay her attorney.

(2) Represented the lawyer appointed by the participant, who was assigned to pay the costs, is the one who has been ordered to pay such costs, the state is obliged to pay cash expenses and attorney fee for representation.

(3) The provisions of paragraph 1 shall apply by analogy to represent the subscriber notary in the scope of its authority established by special regulations 57) or a patent attorney in the range of authorization provided by special legislation 57b).

§ 150

If there are reasons worthy of special consideration, or refuses If the participant without good reason, to attend the first meeting with the mediator ordered by the court, the court may, exceptionally, to pay the costs fully or partially granted.

Decision on costs

§ 151

(1) The obligation to reimburse the costs of its own motion the court in the decision in proceedings before it ends, the costs recoverable under § 147 and § 148 paragraph 2 may do so already during the procedure, usually as soon these costs are incurred.

(2) When deciding on costs to the court determines the amount of remuneration for representation by a lawyer or notary public under his authority stipulated by a special legal regulation 57) or a patent attorney in the scope of its authority established by special legislation 57b) at the rates provided for a flat rate control in one stage special legislation, however, if an award of costs pursuant to § 147, § 149, paragraph 2, or justified by the circumstances of the case, proceed according to the provisions of a special regulation on contractual remuneration 64). Compensation for the value added tax tribunal shall determine the remuneration for representation, the refund of fees for notarial acts performed judicial commissioner and his cash expenses at the rate of value added tax provided for special legislation 57d). Wage compensation (salary) and cash expenses determined by the court of special legislation. Pay compensation for the expert who has given opinion pursuant to § 127a, the court shall determine the rate of remuneration determined by a special regulation. Otherwise, the court based on the costs incurred by the party proved.

(3) Costs that would not otherwise be incurred, because it caused the parties, their representatives or their fault if such costs incurred accident that happened to them, or because they caused the witnesses, the persons referred to in § 126a, experts, interpreters or those who had in proving an obligation, can not be replaced for reasons other than under § 147th

(4) Determine the cost to the presiding judge in a written copy of the decision.

(5) Even though it was on costs decided by a separate resolution, the period for the performance of Always from the decision, which was to pay the costs awarded.

§ 151a

About who pays and how much, and his reward notary pocket expenses, or for reimbursement of the value added tax, the court in probate proceedings in the order which the proceedings before it ends.

Chapter Four

Decision

Judgment

§ 152

(1) The judgment of the court on the merits. The Act provides the court decides on the merits of an order.

(2) judgment to be decided about the whole case. However, if it is appropriate, a court judgment to decide soon just for the parts or just the base.

§ 153

(1) The court shall decide on the basis of established facts of the case.

(2) The court may exceed the parties’ and attributed to something else, or more, than what they claim, only if it was possible to initiate proceedings of its own motion, or if the law implies a method of handling the relationship between the parties.

§ 153a

(1) If the defendant admits during the trial claim or basis of the claim, which is applied in an action against him, a court judgment in accordance with this recognition. If the defendant admits claim action asserted against him only in part, the court judgment by this recognition, only suggests if plaintiff.

(2) Judgment for recognition can not be issued in cases which can not be closed and to approve a settlement (§ 99, paragraph 1 and 2).

(3) The judgment of the court for recognition also if he has if it is deemed that the defendant is entitled to an action against him is applied, accepted (paragraph 5 § 114b and § 114C, paragraph 6).

(4) Only for judgment for recognition may not be a hearing.

§ 153b

(1) If the defendant misses, which were duly delivered into his own hands (§ 49) complaint and summons for the hearing at least ten days before the date of the meeting is to take place, and that was about the consequences of failure are instructed, without reasonable and timely apologies first meeting, which was held in the matter and propose that if the plaintiff, who has appeared for the hearing, considered the applicant’s claim contained in the application of the facts relating to the dispute, as indisputable and on this basis, the court may decide the case by default.

(2) If there is one thing a number of defendants who have such common obligations that the judgment must be applied to all (§ 91 paragraph 2), can be decided by default judgment only, does not appear at all the meetings duly summoned defendants.

(3) judgment by default shall not be issued in cases which can not be closed and to approve a settlement (§ 99, paragraph 1 and 2), or failure to give such judgment to the creation, amendment or repeal of the legal relationship between the parties.

(4) If the defendant misses justifiable reasons from the first hearing in the case in which the judgment was given in default, the court, upon the defendant by order revoke the judgment and order negotiations. Such a proposal may submit a participant within the legal effect of a default judgment.

(5) If the defendant in addition to the petition to annul the judgment of the Court of First Instance of the reasons in paragraph 4 filed an appeal against the judgment and the proposal to set aside the judgment was upheld by a final order, the appeal shall be disregarded.

§ 154

(1) For judgment is critical condition at the time of publication.

(2) In the case of recurring benefits, can also impose performance benefits that become payable only in the future.

§ 155

(1) Content adjudicate the said court in the judgment. The statement also decides the obligation to reimburse the costs; decides to just base the costs, determine the amount in a separate resolution.

(2) Declares that by filling in money may be expressed in a foreign currency, unless exempted by the circumstances of the case, and if

a) transactions based on a legal act, which is expressed in foreign currency, the applicant (petitioner) requires filling in a foreign currency and exchange regulations 65) allow residents, 66) which has to perform, filling in the proposed foreign currency granted without special permission, or
b) any of the participants are non-residents. 67)

(3) If the prerequisites for the declaration of transactions in foreign currency referred to in paragraph 2, the court’s own motion performance in the currency of the Czech Republic.

(4) In respect of the protection of rights violated or threatened by unfair competition conduct 62b), the protection of intellectual property and the matters of protection of consumers 62b), the court party, which had granted to admit to his proposal in the judgment the right to publish the judgment at the expense of an unsuccessful participant, according to the circumstances of the case the court also provides volume, form and manner of publication.

§ 156

(1) Judgment shall always be pronounced publicly; declared him President of the Chamber on behalf of the Republic. Statement indicating the judgment together with the reasons and informed of the appeal and the possibility of enforcement. In the absence of the judgment, none of the participants indicated only opinion. Following publication of the presiding judge usually asks participants to comment on whether the announced surrender appeal against the judgment.

(2) The judgment is usually announced after the meeting that preceded the judgment, if not possible, to the judgment court shall adjourn the hearing for a maximum period of ten calendar days. The provisions of Article 119 § 2 and 3 shall apply in this case.

(3) Once the court will announce the judgment is bound.

§ 157

(1) Unless otherwise specified in a written copy of the judgment with the words “On behalf of the Republic ‘, the designation of the court, the names and surnames of judges and lay judges, accurate identification of the parties and their representatives, the participation of the prosecution and the Office of the Government Representation in Property Affairs marking the present case, the wording of the statement, justification, instructions on whether to appeal not to mention the action for retrial and confusion, and the time and place to its submission, information on the possibility of enforcement and date and place of publication. If possible, give the names of the participants as well as their date of birth (identification number).

(2) Unless specified otherwise, the court in the judgment shall specify the applicant (petitioner) sought and the reasons and how to express things in the defendant (the other party), succinctly and clearly lays out what facts have been proved and that not, that the evidence relied on its findings of fact and what considerations when evaluating evidence directed, why has not other evidence, which concluded on the facts and as a matter of legally assessed, it is not permissible to copy the file from the factual recitations of the participants and by the evidence. The Court is committed to ensure that the judgment was conclusive. Reasoning contained in the written copy of the judgment shall be in accordance with the stated reasons.

(3) In the judgment for recognition or default judgment shall state court proceedings and subject only briefly sets out the grounds on which the recognition, judgment or a judgment by default.

(4) In the judgment, against which no appeal is allowed or parties against whom the appeal waived (§ 207, paragraph 1), the court shall only object management conclusion on factual and concise legal assessment of the case.

§ 158

(1) A written judgment signed by the President of the Senate. If unable to sign, signed by the other member of the Senate, and decided to judge, another judge authorized the presiding judge, to reason on the original notes. Electronic copy of the judgment shall be signed by a recognized electronic signature of the judge. Judgment shall be made in the form in which file is held.

(2) A copy of the judgment written in paper form and the judgment prepared in electronic form shall be delivered to the parties or their representatives into their own hands.

(3) If the parties waived an appeal after the meeting that preceded the judgment, a copy shall be served on the judgment, usually at the end of the meeting.

(4) If a copy of the judgment was not served in accordance with paragraph 3, it should be participants, or their representatives sent within thirty days of the judgment. Chairman of the Court is entitled to extend this period for up to sixty days.

§ 159

Delivered a judgment which can not be appealed, is final.

§ 159a

(1) Unless otherwise provided by law, saith the final judgment binding only on the parties.

(2) An opinion of a final judgment, which ruled in the cases mentioned in § 83, paragraph 2, is not binding on the parties, but also for other persons entitled against the defendant for the same claims from the same act or condition. Special legislation states in which other cases and to what extent the verdict final judgment binding on persons other than the parties.

(3) Opinion of the final judgment, which ruled on personal status, is mandatory for everyone.

(4) the extent to which the statement of a final judgment binding on the parties and, if another person is also binding for all authorities.

(5) Once the final decision on the matter, can not be binding to the extent the judgment to the parties and any other person or thing being discussed again.

§ 160

(1) Saves the court in the judgment obligation, it must be fulfilled within three days of the final judgment or, in the case of eviction, within fifteen days after the final judgment, the court may specify a longer period or provide that cash consideration can happen in installments, the amount and terms of repayment determined.

(2) If a court convicts a opětujícímu the performance benefits due in the future, you need to perform, according to the judgment as soon as they become payable.

(3) order the court to vacate the final judgment be obliged to ensure adequate replacement dwelling, replacement dwelling, alternative accommodation or shelter, the period for eviction from the day guaranteed the substitute housing or shelter.

(4) For pre-judgments enforceable court determines the deadline for fulfillment of their delivery to the person who is to perform.

§ 161

(1) A judgment is enforceable as soon as the deadline for implementation.

(2) If in the judgment of the duty to perform, the judgment is enforceable when entered into force.

(3) The final judgments imposing statement will be replaced by this statement.

§ 162

(1) are provisionally enforceable judgments

a) condemning to perform maintenance work or remuneration for the last three months prior to the judgment,
b) condemning the return of the child issued in proceedings for the return of the child in cases of international child abduction under § 193a,
c) which extends the duration of the educational measure, which the child was temporarily withdrawn from the custody of parents or other person 102).

(2) At the request of the court may pronounce judgment enforceability of pre-, in the judgment, if the participant would otherwise hardly replaceable danger or significant harm.

§ 163

(1) The judgment condemning its fulfillment in the future due to the benefits or performance in installments is possible to design change if the circumstances have changed significantly, which are decisive for the amount and duration of benefits or other payments. Unless otherwise provided by law, the change is permissible judgment since it was changed circumstances.

(2) Judgments on education and nutrition of children and minors returns, restriction or deprivation of parental responsibility or the suspension of its exercise can change its own motion, a change in the ratios.

§ 164

President of Chamber Services at any time and without judgment design errors in writing and numbers, as well as other obvious inaccuracies. Where a decision or verdict repair is not possible to make a correction in the copy of the decision, it issues a correction resolution that served on the parties, if it is a correct statement of the award may postpone the enforcement of the judgment to the time of repair order comes into force.

§ 165

(1) If the judgment has no basis in the findings of fact, the party before the judgment becomes final, suggesting that justification was fixed.

(2) fails to satisfy the court of first instance of the proposal, submit the matter to the Court of Appeal, which will decide on repair.

(3) The repair of reasons to make an order, in matters pertaining to the Chamber, the President of the Senate. Negotiations need not be ordered.

§ 166

(1) If the court did not, in the judgment of some of the subject of the proceedings, the costs or a provisional enforcement, the participant may, within fifteen days after service of the judgment propose amendments. The court may sentence, which come into force, to supplement its own motion.

(2) The addition of part of the course control court makes a judgment, which shall apply mutatis mutandis to the provisions of the judgment, or else decide to complete an order. If the court fails to comply with the proposal of a participant to complete the judgment rejects the resolution.

(3) Proposal for supplement shall not affect the legal validity or enforceability of the original judgment statements.

Resolution

§ 167

(1) Unless otherwise provided by law, the court ruling. Resolution is decided mainly on driving conditions, suspension or discontinuance of the proceedings, the rejection of a proposal to amend the draft, the draft taking back a settlement, the costs, as well as matters relating to the conduct of proceedings.

(2) Unless otherwise provided, shall be used mutatis mutandis to the resolution of the appeal.

§ 168

(1) Resolution announces President of the Chamber present participants.

(2) Resolution of the court shall deliver to participants, if no appeal or appeals, or if it is necessary for the conduct of the proceedings, or if it is a resolution that imposes on the parties a duty.

§ 169

(1) Unless otherwise specified, the copy of the resolution shall specify which court issued it, the name and surname of judges and lay judges, identification of the parties, their representatives, and things statement, justification, instructions on whether to appeal excluding this action for retrial and confusion, and the time and place for the submission and the date and place orders.

(2) The execution of each resolution, which fully complies with the application for interim measures, the proposal to secure evidence, motion to perform the subject of evidence, in matters relating to intellectual property rights or other design that no one contradicted or resolution concerning the management management or resolution pursuant to § 104a, may be given. Justification may include also the order in which it was decided not on the merits, if permitted by the nature of this case and if it is clear from the contents of the file, on the basis of which it was concluded, in which case the operative part of resolution bring statutory provisions that have been used and the reason for the decision.

(3) If the decision is not delivered, it is sufficient to state in the written copy of the statement and the date of issue.

(4) For the reasoning of which is decided on the merits, shall apply mutatis mutandis to § 157 paragraph 2 and 4

§ 170

(1) The court is bound by an order once it is declared, failing to declare as soon been received, and if it is not to be served as soon as it is made.

(2) Resolution regulating the conduct of the proceedings, however, the court is not bound.

§ 171

(1) The time limit for execution runs from the service of the order, the end of the resolution is enforceable.

(2) If there was no resolution in the duty to perform, the resolution, unless otherwise specified, enforceable as soon as it was received, and if it is not to be served as soon as it was published or produced.

(3) If the resolution by law or by court decision enforceable until after the final, the period runs until the fulfillment of the resolution.

The payment order

§ 172

(1) The court may, even without an express request from the plaintiff and without hearing the defendant to issue the order for payment, if claimed in the application for payment of a sum of money and results if applied right from the facts cited by the applicant. In order for payment, the defendant ordered that within 15 days from receipt of payment to the claimant raised a claim and paid costs or to be heard by the opposition filed with the court that issued the order for payment. The provisions of § 36a, paragraph 1, point. a) shall not apply.

(2) The payment order can not be issued

a) if unknown residence by the defendant;
b) if the payment order be served on the defendant abroad.

(3) Where there is no court order for payment, order negotiations.

§ 173

(1) The payment order must be delivered into the hands of the defendant, a replacement delivery is excluded.

(2) If you can not deliver the order for payment is only one of the defendants, the court cancels the order in full.

§ 174

(1) The payment order against which was not filed, the effect of a final judgment.

(2) Where even just one of the defendants timely resistance, to cancel the order for payment in full and the court orders the hearing. Appeal against the verdict only on costs but also here the appeal.

(3) Late opposition presiding judge refuses to order, for lack of reasoning can not reject the opposition. Court rejects opposition also when handed to him whoever the opposition is not authorized.

(4) To correct errors in writing and numbers, as well as other obvious errors in the payment order shall be governed by § 164th

174a

Electronic payment order

(1) If the application is made in electronic form, signed by a recognized electronic signature of the applicant and does not exceed the cash consideration required the plaintiff the amount of CZK 1,000,000, the court may grant the request of the appellant electronic payment order. This form published by the Ministry in a manner allowing remote access.

(2) Application for electronic payment order, in addition to the general requirements (§ 42 paragraph 4) and requirements according to § 79 paragraph 1 include the date of birth of a natural person, legal entity identification number or identification number of a natural person who is an entrepreneur.

(3) The provisions of § 172 to 174 shall apply mutatis mutandis.

(4) Application for electronic payment order that does not include all statutory requirements, or which is unintelligible or ambiguous, the presiding judge refuses to order if for these shortcomings can not continue with the proceedings; § 43 shall not apply.

(5) Electronic payment order can not be issued

a) continues to court proceedings after the break, or
b) has not been paid a fee for managing the issue of electronic money order payable to the institution of proceedings or within the court for that purpose.

(6) Resistance to electronic payment order may be filed in electronic form also signed by electronic signature. This form published by the Ministry in a manner allowing remote access.

174b

European order for payment

(1) European Payment Order 67a) must be delivered into the hands of the defendant, a replacement delivery is excluded.

(2) The proceedings on an application for review of the European order for payment is the court which issued the European order for payment.

(3) The court, which was upheld on review of the European order for payment is served on the parties on the European order for payment.

§ 175

(1) If the plaintiff in the original bill or check, for which there is no reason to doubt the authenticity of, and other documents necessary for the application of the law, issue a draft court bill (check) payment order in which the defendant be ordered to pay within 8 days the amount claimed and costs, or to the same period of the opponent, which must give everything against the payment order objects. Bill (check) payment order must be delivered into the hands of the defendant. If you can not design a payment order to comply, the court hearing.

(2) The provisions of § 174, paragraph 4 shall apply mutatis mutandis.

(3) If the defendant does not submit a timely objection or when taking them back, the bill (check) payment order effect of a final judgment. Late filed objections or objections which do not contain justification, President refuses. Filed objections to the court rejects also when handed to the person who the opposition is not authorized.

(4) Where a defendant timely objection, the court to discuss their negotiations; later raised the objections, however, can not be disregarded. In its judgment the court will rule whether the bill (check) payment order leaves in place or whether it will be deleted and to what extent.

(5) Taking back the defendant objected, the court order to stop the opposition proceedings, the hearing need not be ordered.

(6), the appeal against the verdict only on the costs of the appeal.

CHAPTER FIVE

Special Provisions

Probate proceedings

§ 175a

(1) The competent authority of the state administration responsible for maintaining a register of deaths notify its registry district court competent to discuss heritage.

(2) The court shall initiate proceedings of its own motion, once you hear that someone died or was declared dead. Resolution of initiation is to be served.

(3) The court shall make an order, the order under § 175k paragraphs 1 and 2, § 175 l, 175p, 175q 175 tons and is delivered into their own hands.

§ 175b

Parties are those for whom it is reasonable to consider that are zůstavitelovými heirs, and if such persons, state. Creditor is deceased party if § 175p, where the claim is settled, and disposing of inheritance. In proceedings under § 175h is a party only one who took care of the funeral.

§ 175C

(1) The court determines whether the evidence of wills conducted under a special legal regulation 67b) are recorded

a) the testator’s last will, deed or deed of disinheritance of the appeal of these acts (hereinafter referred to as “testament”) and in which the notary or court imposed
b) the instrument of appointment of an administrator, the instrument of revocation appointment of an administrator or deed of revocation of consent to appointment to the position of trustee Heritage (hereinafter referred to as “the instrument of managing heritage”) and in which the notary is a document about managing heritage saved.

(2) The court finds that the marriage contracts in the records maintained pursuant to a special legal regulation 67c) are recorded contract for expansion or narrowing of the extent of marital property agreements and reservation of joint property at the date of dissolution of marriage entered into husbands or a man and a woman who they marry 67d), and the participant was deceased, and this, in which the notary is stored.

§ 175D

(1) The preliminary inquiry, the court especially bear the information necessary for determining the heirs of the testator, and to identify assets and their debts and whether the heirs to whom the legal representative of the deceased was a need to appoint a guardian.

(2) If the deceased leaves a will or instrument of managing heritage court determines their status and content, at the request of the court will do the same notary who has the will or instrument of managing heritage in custody.

(3) If, to determine the status and content of wills, establishes its original, if a will is not drawn up in the form of a notarial deed, declared the collection of wills filed at the court.

(4) If the court finds that the deceased left a legacy instrument of administration, which appointed administrator, notify the administrator established heritage of the death of the testator and invite him to assume his functions. This court is obliged, when he announced the administrators of that, took office.

(5) Should it transpire in the preliminary investigation indicated that the deceased was the owner of a bank account, the bank shall inform the court of the date of death of the testator.

§ 175e

(1) If required by the public interest or important interest of the participants, making the court’s own motion for urgent measures to ensure in particular heritage entrust personal items testator’s spouse or other member of the household, take care of things for sale, which can not be stored without risk of damage or disproportionate costs, and appoint an administrator of his estate or part.

(2) Ensuring heritage is performed mainly by saving it in a court commissioner or a court, or, if the deposit be arranged, saving the custodian, sealing in the testator’s home or at another suitable place, by prohibiting the payment of the debtor or a list of the deceased on the spot.

(3) The sale of movable property, the court appropriately under the provisions on forced sales of personal property, unless they went on to another method of sale.

(4) Emergency measures to accomplish and may appoint administrators of any court, if there is danger in delay.

§ 175f

(1) The court may, in probate proceedings, if required by the public interest or important interest of the participants, a resolution to appoint its own motion controller legacy

a) If the deceased did not leave a list of heritage management, which would establish administrative heritage authorized to manage all property belonging to the estate, if the deceased left an instrument of managing heritage, a heritage authorized administrator appointed to manage a portion of the property belonging to the estate, the court may appoint an administrator Heritage to manage the property, whose administration has not appointed administrators of the deceased,
b) if the decedent or court-appointed administrators of the dead, was deprived of legal capacity or was in this capacity is limited or the court from acting administrator of the existing heritage.

(2) The court shall appoint an administrator heritage especially from the heirs or next of kin of the deceased circle; heritage administrator may be appointed as a notary public, which in this case is not a judicial officer. If the estate or business property, the court administrator heritage person who has experience with the management company or the management of the property. Heritage administrator can establish only one who agrees. If the inheritance devolved to the state under a special law, 67e), the court may appoint an administrator also become heritage.

(3) Administrator Heritage appointed by the court is obliged to take the performance of their duties on the day following receipt of order, if at a later date specified therein.

(4) If the administrator heritage obviously unfit to perform his duties properly, the court’s own motion by order exempt function. This is true even if it is through a court challenge under § 175D paragraph 4 idle.

(5) For important reasons, especially if he fails to its function properly, the court may of its own motion by order exempt the administrators of the function. The same is true, he asked if administrators of the court to be released from the office of administrator heritage.

(6) The resolution referred to in paragraphs 1, 4 and 5 must be defined by the scope of the testator’s assets under management.

(7) Administrator Heritage, which was released from his office, he shall properly and without undue delay inform the new administrator heritage and give all documents relating to assets under management. He was appointed the new manager heritage, has this duty to the heirs.

(8) If the administrator fails heritage duty to the court a report on their activities, or if he fails to notice court over its function properly, the court may impose a disciplinary penalty (§ 53).

§ 175 g

When obtaining a complete basis for a decision, the preliminary investigation, ensuring heritage, especially in its protection against tampering, the sale of goods, the valuation of assets and inventory of the testator on the spot assists by court competent state authority or local government.

§ 175h

(1) If the deceased left no estate, the court shall suspend the proceedings.

(2) If the deceased left property of negligible value, the court may issue it to the person who took care of the funeral, and terminate the proceedings.

(3) A resolution referred to in paragraphs 1 and 2 shall not be appealed and need not be delivered.

§ 175i

(1) Unless proceedings terminated under § 175h, notify the court, which is reasonable to consider that they are heirs, their inheritance law and inheritance reject option within one month from the date on which the heir to the court of law heritage reject the trial; this period, the court may extend the important reasons. At the same time heir learns about the requirements and the effects of rejection heritage.

(2) Notification of the court, including instructions delivered into his own hands or give orally and Protocol indicates that it happened.

§ 175j

In order to discuss heritage need not be ordered hearing if the court confirms the acquisition of sole heir, or falls to Heritage State under § 462 of the Civil Code.

§ 175k

(1) If someone before confirming the acquisition of inheritance claims to be the heir and inheritance law denies any heir who reject the inheritance, the court examined the inheritance rights of both conditions and is also related to the type who believes that the heir.

(2) Depending However, if a decision on succession law to determine facts in dispute, refer the court order after an attempt to remove the dispute by agreement of the participants of the heirs, the right of inheritance appears to be less likely to apply its law suit. To determine an action deadline. If the action is filed within the period, the proceedings shall continue without regard to the heirs.

(3) If the assets and liabilities of the parties to the dispute, shall be limited to court only to find out their inconsistencies in determining the market value of assets, the amount of debt and the net value of the inheritance or the amount of its indebtedness, taken into account.

§ 175 l

(1) If the deceased had a surviving spouse with the assets of the joint property, the court decides the market value of such property at the time of the death of the testator and the principles set out in the Civil Code determine what these assets belong to the heritage that belongs to the surviving spouse. If the decision depends on the fact that remained between the surviving spouse and any of the heirs disputed, the court shall § 175k paragraph 3

(2) If the court before the probate proceedings lawfully closed, other property jointly owned, decided by the addition in paragraph 1, while based on the original decision.

§ 175 m

The court found deceased estate and his debts and make an inventory of assets and liabilities. This is without prejudice to the provisions of § 175k paragraph 3 and § 175 l, paragraph 1, second sentence.

§ 175n

At the proposal of the heirs, the court resolution that asks creditors to report their claims within a period to be determined in the resolution, and teach them that the heirs are not creditors, their claims are not notified when the satisfaction of claims of other creditors exhausted price heritage, which acquired heirs. The resolution shall be published by posting on the official board of the court.

§ 175o

(1) Based on the findings under § 175 m court determines market value of assets, the amount of debt and the net value of heritage, or the amount of his indebtedness at the time of the death of the testator.

(2) If the court before the probate proceedings are finally completed, new developments, which require an amendment to this resolution, make the necessary repairs to new resolutions.

§ 175p

(1) The heirs and creditors may agree that the inheritance will be left to the insolvent’s creditors to pay debts. The court approves the agreement if not contrary to law or morality; approve the agreement, continue with the procedure for the decision.

(2) If there is a final termination of the proceedings for other property, proceed in accordance with paragraph 1 Remains the property surplus, discussed by the court as a heritage.

§ 175q

(1) The court in the order of succession

a) confirm the acquisition of Heritage sole heir, or
b) confirms that heritage, which did not receive any heir, fell to the State, or
c) approve the settlement agreement inheritance or agreement to relinquish předluženého inheritance to pay debts or
d) confirms the acquisition by inheritance inheritance shares, unless the heirs to an agreement.

(2) The resolution referred to in paragraph 1 may also be a resolution pursuant to § 175 liters and 175o.

(3) If the court order of a settlement agreement approved by the heritage, may proceed to the legal effect of the resolution.

§ 175r

(1) The heirs can with things or other property belonging to the estate during the probate proceedings to dispose or to take other action beyond normal operations, only with the permission of the court.

(2) The administrator may heritage with things or other property belonging to the estate to dispose or to take other action beyond normal operations, only with the consent of the heirs and with the permission of the court.

§ 175s

(1) Resolution pursuant to § 175p and 175q is inheritance proceedings ended.

(2) After final resolution under § 175p and 175q Court invalidates made to ensure heritage, which already has canceled during the probate proceedings, especially cancels all prohibitions payment of deposits, insurance policies and other values that were in the probate proceedings mandated by law or made . At the same time notify the bank or other persons for whom these values are stored, to whom to be issued, unless that person is known or if unknown residence, the court reasonably under § 185 g. The period under § 185 grams paragraph 1 shall run from the date of the decision by which the proceedings were completed.

(3) Upon final resolution under § 175p and 175q court also inform the bank about who became the owner zůstavitelových accounts.

§ 175 tons

(1) If a heritage of over-indebtedness and the absence of an agreement under § 175p, the court shall order the draft resolution disposing heritage, the court shall proceed in the same way, if the state proposed disposal heritage so that the lender refused to accept the payment of their claims from the legacy thing. The heritage into liquidation, the court may decide without it.

(2) The disposal of the court shall issue a resolution which asks the lender to report their claims within a period to be determined in the resolution, and warn them that claims that do not meet the liquidation shall be extinguished. This resolution be posted on the official notice board of the court.

(3) When a resolution to liquidation of an estate came into power, does not progress already under § 175p to 175s.

§ 175u

(1) The court shall dispose of heritage monetization of assets, rights and other assets of the testator property under the provisions on enforcement at public auction pursuant to a special legal regulation 34) or at auction by the judicial executor under a special legal regulation 34c) or sell outside auction . Dispose heritage can also be done outside the auction or sale of any remaining assets of the testator, a single contract.

(2) The assets of the deceased, who failed to monetize so, the court decides that the case of State with effect from the death of the testator.

§ 175V

(1) The court shall schedule the proceeds of liquidation of assets testator (the “yield”) among the creditors.

(2) The court shall pay the proceeds of debt gradually by the following groups:

a) claims costs incurred by the State in connection with the monetization of assets,
b) claims costs testator’s disease and reasonable costs of his burial,
c) claims secured by a lien, detention law, transfer of rights 68) or assignment of the claim, 69)
d) claims arrears of maintenance
e) claims, taxes, fees and other similar monetary benefits, premiums for public health insurance and social security insurance and contribution to the state employment policy, if they were not satisfied by the letters c),
f) other receivables.

(3) If you can not fully satisfy the claims belonging to the same group are quite satisfied, in group c), however, claims satisfied according to their order, with claims secured detention law shall be paid before other debts. The ranking is a crucial day when the right to ensure the claim arose.

(4) the end of the final disposal expire heirs unsatisfied claims against lenders and their collateral. If, however, comes out next deceased estate be divided by the court to creditors the amount of their outstanding debt without regard to this demise. Also cease lien securing the claim, the debtor is a person other than the testator. Remains the property surplus, discussed by the court as a heritage.

§ 175 watts

If it is found later that the deceased lived, or if it was canceled the declaration of death, the court cancels the order of succession under § 175p and 175q.

§ 175x

If a final resolution after which the probate proceedings closed, a deceased estate, or even debt, is performed on this property inheritance proceedings. If there is a debt deceased, probate proceedings is not performed.

§ 175y

(1) Non assets or debts in assets and liabilities due to inheritance procedure under § 175k paragraph 3 or under § 175 l, paragraph 1, second sentence does not prevent the parties to the action demanded their rights outside the probate proceedings.

(2) Outside the case, it was carried out liquidation of an estate does not prevent the court decision to the person who was not a party to the heritage from which it sprang resolution that demanded their right to claim.

§ 175z

(1) If the inheritance proceedings does not fall within the jurisdiction of courts of the Czech Republic, it issues a court participants on request official confirmation. Before the release of the official court confirmation usually make a preliminary inquiry.

(2) Where the property to be issued abroad, it shall notify the court of domestic heirs and creditors notice, which shall be put up for 15 days on the notice board of the court; known parties to deliver the notification.

Activities of notaries in probate proceedings

§ 175za

Notaries based in the district court are equally entrusted acts in probate proceedings accordance with the schedule on the proposal of the Chamber of Notaries issued by the President of the Regional Court in each calendar year.

§ 175zb

(1) The court may withdraw the thing authorized notaries, if despite previous warnings will cause unnecessary delays in court proceedings. The court will authorize acts in probate proceedings by another notary’s work schedule.

(2) Withdrawal of the matter pursuant to paragraph 1 is not a judicial decision.

(3) a prison things notary’s right to remuneration for acts performed by him yet.

§ 175zc

(1) If, in accordance with a special regulation will be appointed representative or alternate shall be appointed by the new notary will take over cases in which a court has been granted credentials.

(2) If, in accordance with a special regulation will be appointed deputy notary candidate shall be deemed for the purposes of this Act for a period representation for notaries. However, the court decides on the remuneration and reimbursement of cash expenses of notary, which agent represents. Special provision specifies how the agent determines the proportion of earnings notary.

§ 175zd

(1) A notary will prepare all documents necessary for the issuance of the court order and the confirmation referred to in § 38, paragraph 2, and proposals for their version. If the documents are not complete, the court may require notaries to supplement or take the necessary actions themselves. Instructions for notaries Court are binding.

(2) Sales outside the liquidation auction notary heritage can take place only with the consent of the court. In granting consent, the court may impose conditions of sale. Without court approval is an agreement for sale outside the auction invalid.

175ze

In probate proceedings has authorized notary to gain remote access to computer files, which are kept in the Land Register data, status organizational state 69a).

Caring court for minors

§ 176

(1) In matters of custody of the juvenile court to decide on the merits judgment on education and nutrition minors, contact the parents, grandparents and siblings with them, to return a child to grant, restriction or deprivation of parental responsibility, or the suspension of the exercise of of guardianship, the approval of important minor acts and matters about which the parents can not agree. Moreover, the decision to extend the judgment of institutional care after reaching the age of majority and the revocation of such action.

(2) The other matters are decided by resolution.

(3) In the judgment of access of parents, grandparents and siblings of a child, child care or return of the child the court shall instruct the parties pursuant to § 273 of the possibility of imposing fines enforcement or custodial child in breach of obligations set out in the judgment.

§ 177

(1) Unless the court of known or can not intervene in time, intervenes court in whose district the minor resides. However, as soon as possible, refer the matter to the competent court.

(2) a change in circumstances, for assessing competence, the competent court to transfer jurisdiction to another court, if it is in the interest of the minor. If the court to which it has delegated that competence, disagrees with the transfer, submit the matter to determine if the issue of transfer of jurisdiction was not already committed to the Court of Appeal, his superior court, the decision of this court is bound by the court having jurisdiction transferred.

§ 178

(1) The tribunal shall keep parents or guardians of minors, for the proper performance of duties in the care of the minor. Handled suggestions and warnings of natural and legal persons upbringing of the minor parties and makes appropriate action.

(2) The appropriateness and effectiveness of the proposed measures proposed or court rule, the opinion finds an enforcing socio-legal protection of children, who are familiar with the situation.

(3) If the social-legal protection of children did not court to initiate proceedings soudu care of minors and was not even in this case appointed as a guardian for the child has the social-legal protection of children in care proceedings soudu for minor participant status management.

(4) Where proceedings for custody of a minor court brought by a body of social-legal protection of children, the court must examine the requirements set by the draft law on social and legal protection of children. In the event that the proposal does not contain all the prescribed requirements, the President, Senate Resolution the social-legal protection of children to complete the proposal and set a deadline for the completion. § 43 paragraph 2 shall not apply.

§ 179

If the validity of a legal act, which was made for the minor must be approved by the court, the court approves it, if it is in the interest of the minor.

§ 180

(1) The court-appointed guardian of the minor folds to the President of the Senate promise to properly perform their duties and while it will follow the instructions of the court. After taking the oath by the President of the Senate commission issues a list containing the child’s education and representation, and defining the scope of rights and obligations under this remit.

(2) The court oversees the property management carried out by the minor’s guardian or guardian; proceed in accordance with a special regulation. 70).

The process of determining whether to consent to the child’s parents, his or her adoption

§ 180a

(1) The parties to the proceedings are child and his parents, when his legal representatives, parent of a child who is a minor is a party to the proceedings, even though it is not the legal guardian of the child.

(2) A minor parent of a child has in this case sued. The provisions of § 23 can be used only if the parent has not reached age 16.

(3) A special law shall determine who is entitled to make an application for this procedure and the reasons for parental consent to the adoption of a child is not required. 71)

(4) The court shall rule to determine whether the child’s parents must consent to the adoption, preferably with as speedily as possible.

(5) In the process of determining whether the child’s parents must consent to the adoption, the provisions of § 178 paragraph 3 and 4 accordingly.

§ 180b

(1) The final judgment in which it was determined that the adoption of a child does not need parental consent, the court canceled the proposal, a change in the ratios. The proposal may be filed after the expiration of one year from the final judgment.

(2) The provisions of paragraph 1 first sentence shall not apply if the child was already adopted, or if proceedings for the adoption, or when the child is entrusted to the care of the future adoptive parent, or if the proceedings for child custody future adopters.

Adoption proceedings

§ 181

(1) The parties to the proceedings are being learned child, his parent or guardian, adoptive parent and husband. The provisions of § 180a paragraph 2 applies here mutatis mutandis.

(2) Parents are not participants adopted child adoption proceedings if

a) are deprived of parental responsibility;
b) have been deprived of legal capacity, or have been in this capacity constraints, or
c) gave prior consent to the adoption, without regard to specific adoptive parents, 38) or
d) the court finally ruled that the adoption of a child is not to their agreement. “.

(3) Husband adopter is not the party failing to acquire the necessary consent.

§ 182

(1) Acquisition child hears the court, only if it is necessary to acquire the approval. 72). Unless they have learned to be a child heard nepředvolává to negotiations.

(2) Other parties, the court must always hear, and, if possible, in person.

§ 183

(Repealed by Act No. 30/2000 Coll.

§ 184

In the judgment, which is pronounced adoption, the court shall state the surname, which adoptee will have.

§ 185

The revocation of adoption shall apply mutatis mutandis the provisions of § 181 to 184 However, the proposal may be submitted and adoptee.

Proceedings of úschovách

§ 185a

(1) The Court may be folded into escrow money, securities or other movable Fit custody in order to fulfill the obligation.

(2) The application for admission to custody shall include a statement of who the money, securities or other things made into custody (the “depositor”), that the obligation on the subject of values folded into custody, can not be fulfilled because the lender is absent or is in default, or that the depositor has reasonable doubts about who is the creditor, the depositor or creditor does not know.

(3) The court decides without a hearing resolution that delivers the participants into their own hands.

§ 185b

Depositor is a party to the proceedings. After a final resolution on the adoption into custody the party is also the one to whom the money, securities or other things intended (the “beneficiary”), and one who exercises his right of custody of the subject.

§ 185c

Where necessary storage costs, saves court depositor to compose a reasonable advance on costs. If the deposit paid within the prescribed period, the court a proposal to reject the acceptance of custody, the court also requested the adoption custody reject unsuitable if the custody thing at all, or if not find a suitable method of custody.

§ 185d

(1) Subject custody, the court recipient at his request. If the composition was because someone other than the Beneficiary claims a right to custody or release object that someone else whose consent is necessary, do not agree with the release of escrow subject to the beneficiary is subject to the issue of custody require the consent of all the parties and the person for whose disapproval with the performance of the composition was deposited. Consent of the depositor, it is necessary only where the performance was composed for an unknown creditors.

(2) subject to the depositor, the court custody at his request,

a) if the beneficiary effect agree to that procedure, or
b) If the recipient claims court that the subject does not accept custody or
c) except where the beneficiary within the period set by the court, although he was aware of such consequences.

(3) a person other than that referred to in paragraphs 1 and 2, requesting the issue of custody of the subject, by the court only with the consent of the depositor and the beneficiary.

§ 185e

He was the subject consent to a custody denied, it may be replaced by a final judgment of a court, which ruled that anyone who opposed extradition, be obliged to agree with the release of escrow subject to the applicant.

§ 185f

If the court accepts into custody case in the cases stipulated by special legal regulations, shall be governed by the provisions of the act, and if not them, the provisions of § 185a to 185h, and suitable for the custody and the nature of its purpose.

§ 185 g

(1) has passed the period of three years after the effective resolution of admission to custody, or the date on which the subject of custody was proposed to be issued to the depositor, the court decides that the subject falls state custody if him not claimed within 1 year from the date of publication of this resolution. This court order published on the official board of the court.

(2) If, after the decision within the period under paragraph 1 of the extradition request object custody, the court shall § 185d.

(3) Upon expiration of the period referred to in the resolution referred to in paragraph 1, unless within that period an application for the issue of custody given subject, the subject falls custody of the state. If this deadline comes into state custody subject even if no final resolution of the submitted application granted.

§ 185h

Should the subject of custody law, terminate the rights of participants and other persons subject to custody.

Proceedings of an amortization schedule

§ 185i

(1) can redeem a lost or destroyed instrument, which is required to apply the law.

(2) In proceedings before a court can not redeem such instrument which by law is entitled to redeem a legal entity, which is issued.

(3) Amortization subject to money, lottery tickets, coupons, tickets and signs daily circulation (tickets, tickets, etc.), Coupons and Talon securities, deeds, with which it is owed by the right to a legal entity in domestic price of goods and services, and and documents on the basis of the claim can be made only on a secondary performance.

§ 185j

(1) A proposal to redeem the instrument may be filed by anyone who has an interest in its redemption.

(2) The court shall decide without a hearing resolution which delivers into their own hands.

§ 185K

Parties are the petitioner, one who is obligated to perform in accordance with the Charter, the one who held the deed, and the one who filed objections under § 185 m paragraph 2

§ 185 l

(1) The application for the redemption of the instrument is necessary to state the facts showing that the instrument or under any law can be applied. The application must be submitted a copy of the deed or deed mark, its issuer, or other persons bound by deed, and the data that distinguish it from other charter documents of the same kind.

(2) If the document specified an amount, you must also specify this information.

§ 185 m

(1) If the court finds that the instrument whose redemption was suggested that it is not exposed or is lost or destroyed, a proposal rejected.

(2) Otherwise, the court shall issue a decision containing a call to the person who has the deed, signed within one year from the date of order with the court that issued the order, and, where possible, by deed or to file objections against the proposal. This resolution shall be put up on the notice board court.

(3) If the amortized promissory note or check, the court in the resolution under paragraph 2 to two months, while prohibiting, according to documents umořovaných was paid.

(4) The period referred to in paragraph 3 shall be counted, unless another amortization schedule payable from the first day of its maturity. If the amortization schedule already due, this period is calculated from the date of posting resolutions.

§ 185n

If it is a bearer instrument, except fuses bearer over time under § 185 meters up to one year after the maturity of the debt instrument.

§ 185o

(1) Since opening until its final completion is not running against the petitioner limitation period, the deadline for the termination deadline set by law or to pay a sum of money in accordance with the amortization schedule.

(2) A person who has been served with the order or who are about to learn the proper care, can not handle the consequences of invalidity rights amortization of papers held payments or other benefits under it, convert it, or make changes to it. One who is bound by the Charter, is required to retain the production of documents and notify the court who submitted it.

§ 185p

If it has been initiated redemption proceedings promissory note or check, the petitioner, which is recognized with a resolution entitled to claim payment of the bill of exchange or check, to give reasonable assurance until the bill or check is not redeemed declared. Not sure if this may require action that the amount owed was packed into custody court.

§ 185q

The Court will examine the application of the instrument who has, and finds his objections. If it finds that the document is lost or destroyed, rejects.

§ 185r

(1) If a time limit has passed under § 185 m paragraph 2 or 3, and failing to deny the petition, the court shall declare the next draft charter for redemption.

(2) Unless another proposal submitted under paragraph 1 within one month from the expiry of the period referred to in § 185 m paragraph 2 or 3, the court shall suspend the proceedings. To this effect it is necessary to warn the petitioner in accordance with § 185 m resolution, paragraph 2 or 3

§ 185S

The resolution of the instrument is replaced redemption redemption deed, until the one who is bound by the Charter does not issue for her legitimate substitute list.

Proceedings of legal capacity

§ 186

(1) A proposal for initiation of legal capacity (deprivation, restriction or reimbursement of legal capacity) may also submit medical facility, which is in this case a party.

(2) If not submitted a proposal for the initiation of proceedings by the state authority or medical facility, the court may require the applicant to submit to a reasonable period of medical certificate of the mental state of a person whose legal capacity is (the “Investigation”), not If within this period the medical certificate submitted to the court to stop the proceedings.

(3) The request for reimbursement of legal capacity may also be filed by a person who has been deprived of legal capacity. If however, the court dismissed his action and can not be expected to improve his condition, the court may decide that he has the right to a reasonable period, not exceeding a period of one year from the date of legal force of this Decision, it is not.

§ 187

(1) investigation is authorized to give as a participant in the proceeding represent the representative of their choice, the fact and its other procedural rights and obligations (§ 5) must be investigated instructed. If you do not opt-investigated representative, the court shall appoint a guardian to manage parents or other close person examined, whose capacity is at issue unless there are special reasons, in particular the conflicting interests between the investigated and a parent or other close person or between such persons themselves. If he can not be appointed guardian of a parent or other close person examined, the presiding judge shall appoint a guardian for the management of attorneys.

(2) Since the hearing, the court may waive investigated, can not do all this questioning and without injury to health examined. If the examinee himself asks to be heard, the court will hear him.

(3) The health condition of the examined court always hear expert. At the proposal of the expert, the court may order that has been investigated for more than six weeks of investigation in the medical device if it is absolutely necessary for a medical examination.

§ 188

repealed by Law No. 205/2005 Coll.

§ 189

The court may decide to waive the receipt of the decision on legal capacity, if the conclusions of an expert report (§ 187 paragraph 3) the addressee is not able to understand the importance of the decision

§ 190

Judgment issued by the court canceled if later turns out that the deprivation or restriction of legal capacity, not conditions.

§ 191

(1) Costs paid by the state. However the cost of legal representation, except as provided in § 30 paragraph 2 of this Act. If you can not fairly ask the state court granted a substitute against whose legal capacity was in control.

(2) A person who submits a proposal for manifestly unfounded deprivation or restriction of legal capacity, is obliged to compensate damage that being investigated, his representative, guardian to manage and control the state incurred.

Proceedings on the admissibility of accepting

or kept in a medical institution

§ 191a

(1) Department engaged in medical care (hereinafter referred to as “the Institute”), in which they are placed person on the grounds set out in a separate act, is obliged to notify (§ 191b) within 24 hours of the court in whose jurisdiction the institution is taking anyone in It was placed without his written consent.

(2) If a person who has been accepted into medical care with your written consent, restricted the free movement or contact with the outside world in the course of treatment, the Institute is obliged to make the notification referred to in paragraph 1 to 24 hours after such restrictions occurred.

§ 191b

(1) For each, which the Institute is obliged to make the notification pursuant to § 191a (hereinafter referred to as “based”), initiate court in whose jurisdiction the Institute proceedings to determine the lawfulness of admission pursuant to § 191a paragraph 1 or restrictions pursuant to § 191a paragraph . 2 (hereinafter referred to as “takeover”) and another holding in the institution, unless the taking and holding court ordered in other proceedings. Consent of the guardian or limited persons deprived of their legal capacity is not a substitute agreement placed. If the institute fails notification pursuant to § 191a are positioned or his legal representative entitled to initiate proceedings.

(2) In proceedings on the admissibility of accepting or holding in an institution or on appeal, which was stopped because it was based from the institute released or subsequently agreed in writing with their location, shall continue, unless placed within 2 weeks from the time when he the resolution of discontinuance served, declaring that the hearing of the case continues. This needs to be placed learn.

(3) Based is entitled to give as a participant in the proceeding represent the representative of their choice, the fact and its other procedural rights and obligations (§ 5) must be based, if his health permits instructed. Absence of a choice based representative, the presiding judge shall appoint him guardian for the management of attorneys.

(4) The court shall evidence needed to assess whether the takeover was for legitimate reasons, especially to hear positioned, the physician and other persons whose hearing based requests; without prejudice to any court to refuse the examination of persons placed suggested if it is not clear what can be found questioning. Negotiations usually not be ordered. If granted a hearing is usually held at the Institute; provisions of § 115, paragraph 2 shall not apply.

(5) Within seven days from the date when the restrictions under § 191a, the court order will decide whether to take over there for legitimate reasons (§ 191a paragraph 1), and if so, whether such grounds exist. Subsequent written consent of the person who shows signs of mental illness or intoxication and which is also dangerous to themselves or others, in the context of the pending proceedings disregarded. If the court concludes that the takeover did not for legal reasons, or that those reasons no longer, placed orders release from the institute.

§ 191cm

(1) Resolution pursuant to § 191b, paragraph 5, within 24 hours of its release delivers the Service, if his health allows, as its agent or custodian to manage and constitution. If not delivered to the Service, the court shall make other appropriate measures that could be placed in an appropriate form and content of resolutions familiar and have it available. If the court ordered the release from an institution located, the Institute after service of the order placed shall immediately dismiss.

(2) An appeal against the order does not have suspensive effect. Appeal may also institute, if you said that the takeover did not happen according to the legal reasons, or that those reasons no longer prevail. The Court of First Instance is obliged to submit a statement in the appellate court without undue delay after his appeal was delivered. The appeal filed appeals court will decide no later than one month from the submission of the file, this time limit shall not apply if the proceedings shall continue according to § 191b paragraph 2

(3) The Institute may dismiss located, even if the court stated that the takeover was in accordance with legal reasons.

§ 191d

(1) If the court stated that the takeover was in accordance with the legal reasons and that these reasons exist, and positioned remains limited contact with the outside world, the proceedings shall continue to determine the admissibility of further holding in the institution.

(2) To determine the health status of placed and determine if further holding placed in an institution is or is not necessary, the court shall appoint an expert. Expert may be appointed doctor, who works at the institute, which is placed on hold.

(3) The court shall conduct which invites located (unless by express written doctor or expert opinion is based able to perceive the history and importance of meeting), his representative or guardian to control and constitutions. When dealing listen placed, experts, according to the circumstances attending physician and performed or other appropriate evidence.

(4) In the judgment, which must be published within 3 months of receipt of an opinion on the admissibility of the Institute and of its reasons, the court will decide whether further holding is acceptable and at what time. The provisions of § 191cm paragraphs 2 and 3 apply here mutatis mutandis.

§ 191e

(1) The effectiveness of decision under § 191d paragraph 4 shall expire after a period of one year from the date of its publication, unless it intended shorter. To be held in the Institute extended beyond this time, it is necessary to carry out a new investigation and the court must hold a permit further reassess. The provisions of § 191cm paragraphs 2 and 3 shall apply mutatis mutandis here.

(2) Judgment pursuant to paragraph 1 shall not release the person to institute held at the institute before the expiry of the period referred to in paragraph 1 shall not preclude the guardianship court made other arrangements.

§ 191f

Based, its representative, guardian or close to him may before the expiry of the period in which it is permissible to hold, asking for a new investigation and the decision to release, if justified belief that further holding in the institution is reasonable. The manner of discussing the provisions of § 191d paragraph 2-4 analogy. If the court rejects the proposal to re-release and can not expect improvement located, it may decide not to make further investigations before the expiry of the period during which it was holding in the institution allowed.

§ 191 g

Costs paid by the state. However the cost of legal representation, except as provided in § 30 paragraph 2 of this Act.

191h

(1) If taken to an institution based, whose state of health requires the provision of emergency care and who due to their health condition is not able to undertake legal obligations and this condition is not caused by a mental disorder, the court within 7 days from the date when the takeover resolution without a hearing will decide whether the acceptance of this agreement.

(2) The presiding judge shall appoint a guardian for the Service Management from the next of kin, unless there are special reasons, if not possible, appoint a guardian other suitable person. If he can not be appointed guardian or other person close to the appropriate person, the presiding judge shall appoint a guardian for the management of attorneys.

(3) The court shall decide in particular by expressing your doctor about health located. The resolution shall be delivered to the Institute for Management and guardian. Against this resolution shall not be permissible remedies.

(4) The Institute has a duty to notify the court within 24 hours of a change in health status posted, which justifies the initiation of proceedings under § 191b paragraph 1

(5) The provisions of § 191a paragraph 1 and § 191 g applies here mutatis mutandis. The provisions of § 191b paragraph 1 shall apply mutatis mutandis.

Guardian Management

§ 192

(1) The presiding judge is obligated to see to it that the persons appointed guardian that the law says he must have. The court shall appoint a guardian parents or other kin of the person under the law guardian must have, unless there are special reasons, in particular the conflicting interests between that person and a parent or other close person or between such persons themselves.

(2) In order that the court establishes guardian indicating the extent of custodial rights and obligations.

§ 193

(1) The court oversees the property management carried out by a guardian is necessary and appropriate measures to establish and ensure this property.

(2) The guardian shall represent the court after the final account of the administration of property, the court may also order him to represent him during regularly report on their activities.

(3) The provisions of § 176-179 and § 180, paragraph 1, in relation to the guardianship of minors, similarly applies here ..

Procedure for the return of the minor child in matters

International Child Abduction

193a

(1) The parties to the proceedings on the application for the return of the minor child in matters of international child abduction under an international agreement, which is part of the law of 62 grams), or a directly applicable European Communities regulation 62H) (hereinafter “the procedure for the return of the child”) are

a) a person whose right to child care, performed under the laws of the State in which the child was habitually resident immediately before the removal or retention was violated (the plaintiff)
b) a person who is entitled to care for a child, performed in accordance with the law of the State in which the child was habitually resident immediately before the removal or retention breach (the defendant);
c) the child.

(2) Where a party to a minor parent of a child has in this case sued. The provisions of § 23 can be used only if the parent has not reached age 16.

193B

(1) In proceedings for the return of the child by the court on the merits judgment.

(2) The other cases decided by the court ruling.

(3) In proceedings for the return of the child can not stay the proceedings for the reasons given in Part III of this Act, except for the reason set out in § 109 paragraph 1 point. d), and pardon missed period. You also can not bring an action for recovery management and action for nullity.

193cm

(1) The court shall of its own motion appropriate measures to ensure the conditions for the return of the child (§ 74), and in particular, take steps to

a) judicial supervision over the movement of the child within the State
b) preventing the child to leave the country without court approval,
c) prevent breaches of personal ties between the child and the applicant.

(2) The court shall decide on the request of the appellant also an interim adjustment in contact with the child plaintiff, if the plaintiff proves the right to care for the child.

(3) The adoption of appropriate measures, court decisions promptly, usually without hearing participants.

193d

(1) The court shall, within three days after the initiation of the defendant saved Resolution to within 7 days from receipt of the order in writing and expressed that in the event that the proposal does not agree to the return of the child,

a) in the expression portrayed a decisive factor, which builds on its defense
b) a statement attached documentary evidence on which it relies
c) marked evidence to prove their claims, as well as indicate whether waives the right to participate in the hearing of the case.

(2) The resolution referred to in paragraph 1 shall be delivered to the defendant’s own hands, alternative delivery is excluded. The resolution must be served on the defendant before the action.

(3) If the defendant has no good reason to challenge the court pursuant to paragraph 1 does not react in time, nor within the time the court tells you how serious reason prevents him from doing so, it shall be deemed to have waived his right to participate in the hearing of the case against the proposal and that the return of the child, which is applied in an action against him, has no objections; aftermath of this must be advised.

193E

(1) In proceedings for the return of the child need not be ordered negotiations

a) if it is considered that the defendant opposed the application for return of the child does not object (§ 193d), or
b) may, where a case decided only on the basis of the documentary evidence submitted by the parties and participants with the right to participate in the hearing of the case give up, or things with a decision without a hearing by agreement or where it is considered that the parties the right to participate in the hearing of the case gave or that the decision in the case without a hearing agrees (§ 101 paragraph 4).

(2) If there are reasons worthy of special consideration, the court decision on the merits usually within six weeks from the start of the proceedings, the court shall issue a decision after the expiry of the period stated in the decision actually, for the failure to meet the deadline.

(3) The court may make the decision to postpone or conditionally return of the child, and that adequate safeguards compliance by the applicant or a decision or proceeding to other measures authorities of the State in which the child is to be returned.

(4) The judgment of the court shall instruct the parties about the possibility of enforcement custodial child.

§ 194

Management for permission to marry

(1) Permission to marry the court decides on the proposal to which he is entitled, intending to contract marriage.

(2) A person who intends to marry, and his legal representatives are to attend. Before a decision is necessary to hear the person who intends to marry, in the absence of other persons whether they really want to get married, and even listen to it, with whom it may be marriage.

(3) Judgment granting marry, must include a precise indication on who is to be married.

The process of determining the date of birth or death

194a

(1) The court proceedings are initiated upon notification register under a special legal regulation 69b). In order to be in control of a date of death of a natural person, the court shall appoint a guardian dead.

(2) The court decree or other means, ask anyone who knows the circumstances from which it can determine the date of birth or death of a natural person, or that such a finding could lead to them about filed within two months from the publication of the report of the court decree. The Court also performs all investigations necessary to determine the date of birth or death of a natural person.

(3) The court shall decree the relevant circumstances of the case and shall, after the expiry of the period referred to in the decree shall determine the date of birth or death of a natural person. In the decree must state the date when the period ends.

(4) After the expiry of the period referred to in the decree the court shall issue a resolution specifying the day, which is also the birthday of a natural person, or a day, which is valid for the day of death of a natural person.

(5) If it is found later that the actual date of birth or death is different from the day specified in the decision under paragraph 4, corrects court date which appears in his decision, or revoke its decision on a proposal from the person of such changes demonstrate a legal interest. The court may do so without it.

Proceedings for a declaration of death

§ 195

(1) A proposal may be made, who has a legal interest in the matter.

(2) If it please the court, according to the draft there are conditions for declaring the missing dead, nezvěstnému appoint a guardian.

§ 196

(1) The court decree or other appropriate means missing invite to one year forward and everyone knows about it, that has made him a message at the same time the court or guardian, or representatives of the missing, as indicated in the Decree. At the same time the court made all necessary inquiries about missing.

(2) The court shall decree the relevant circumstances of the case and shall, after the expiry of the period referred to in the decree decide on the declaration of death, if it is missing or does not log the message that is alive. The period of time determined by the court to one year from the publication of the Decree. In the decree must state the date when the period ends.

§ 197

If the court during the proceedings that the conditions declaration of death, stop the procedure.

§ 198

After the expiry of the period specified in the decree, the court judgment on the declaration of death. Give it a day that pays for the day of death, missing, or a day that missing survived.

§ 199

(1) If the court finds that the person who has been declared dead, is alive and living in date from which a reasonable time has elapsed to missing to be declared dead, cancels its decision on the declaration of death.

(2) At the request of the participant corrects court date which appears in his decision as the day of death, if it is found later that the person who has been declared dead, die another day or that day could not live or survive it. The court may do so without it.

§ 200

If it is certain that a natural person has died, but her death can not be proved in the manner, the court shall issue a decision declaring it dead.

Proceedings in the commercial register

§ 200a

(1) The proceedings rests with the Court (hereinafter “the Court of Registration”), in whose district the general court of the natural or legal person to whom the registration in the register concerned (hereinafter referred to as “entrepreneur”). If it is a foreign person is a matter for the court in whose district is located its business or its component.

(2) The court, which is responsible for the registration procedure under paragraph 1, it is also appropriate procedure for another write-down to specific provisions of these entries that must be decided together.

(3) a change in circumstances for assessing the territorial jurisdiction of the court order transferring jurisdiction to the court the new jurisdiction; agree to this transfer of jurisdiction to the court decides the superior court. After a final resolution on the transfer of territorial jurisdiction is transferred to the relevant entries in the Commercial Register of the new court.

§ 200b

(1) Proceedings shall be initiated upon the proposal. In order to achieve consistency between the entry in the commercial register and the actual state of the procedure may initiate its own motion.

(2) The withdrawal of the opening is not effective unless it is actually writing, the effectiveness or validity occurs under special legislation registration in the Commercial Register.

(3) the courts or other authorities warn registration court always discrepancy between the actual legal situation and the state of registration in the Commercial Register upon this fact in their activities will come out.

(4) Proceedings concerning the deletion of a limited liability company, or a cooperative, cross-border mergers as a result of trade or other relevant public register or equivalent records kept in accordance with the legislation of another Member State of the European Union other than the Czech Republic or another state of the European Economic Area (hereinafter referred to as “foreign trade register”) can not start the design, unless the acquiring company or team based in the Czech Republic. The court will write upon notification authority of the Member State conducting foreign trade register in which the cross-border merger is registered. Paragraphs 1 to 3 shall not apply.

§ 200c

(1) The parties to the proceedings are the person who submitted the proposal to which it is entitled under a special law, and entrepreneur to the provisions of § 94 paragraph 1 and 2 shall not apply.

(2) Special legislation stipulates that fact recorded in the Commercial Register, how to draft their writing, modifying, or deleting feeds and such documents (attachments) must be documented.

§ 200d

(1) The court rejects the draft resolution, if

a) has been filed by a person who is not on the draft under a special legal regulation entitled,
b) the application was not filed in the manner prescribed by special legislation,
c) the proposal does not include all requirements stipulated by a special legal regulation
d) the proposal is incomprehensible or vague,
e) the proposal were attached documents, which have to be special legislation supported by data on recorded facts
f) the application for registration of the conversion or request for cancellation of the legal person against whom the criminal prosecution or which carries a sentence imposed pursuant to a special legal regulation, have been attached document showing that the court allowed under a special law conversion or termination of such legal entity.

(2) Paragraph 1 shall not apply if

a) the proposal is not connected deed because such instrument under the law governing the foreign person writes, issued,
b) the document was incorrectly identified or does not meet all the formal requirements laid down by special legislation, provided that the relevant facts are supported by other documents to be attached to the proposal.

(3) The court orders made within 3 working days from receipt thereof the court shall invite the applicant to correct the defects in the petition or the missing documents; repeated call is permitted. The provisions of § 43 shall apply mutatis mutandis. The period under § 200 db paragraph 1 shall start on the day following the day on which the Court received a submission which defects were removed or added documents.

(4) In order that the court action under paragraph 1 refuses to state the reasons for rejection, including instructions on how to remedy the defects.

§ 200D

(1) If the proposal rejected under § 200d, the court examines whether information about facts that are recorded in the register, arising from the documents that have to be special legislation supported the proposal, whether the proposed business name is not interchangeable with other already existing business name, or if not misleading. The court also examines whether an entry does not prevent ongoing criminal proceedings against a legal person or punishment, which it was stored under a special legal regulation.

(2) If an application for registration of domestic mergers of limited liability companies or joint stock companies or cooperatives, registration court shall furthermore examine whether the limited liability company or joint stock company or cooperative, within 3 years before the date of publication of the national merger did not participate in cross-border mergers and, if so, whether the conditions of special legislation on employee involvement in the successor limited liability company or joint stock company or a national team after the registration of the merger in the commercial register.

(3) If you record, according to a special legal regulation in the register of facts by a court or administrative authority, a court record shall, without the published decision.

(4) The court shall make an entry, without the published decision, even if they actually proposed to be recorded in the accompanying base notarial deed in which case the court also finding pursuant to paragraph 1 examines only whether a notarial instrument meets the requirements for his special regulation. The procedure in the preceding sentence shall apply only if the petitioner and the only party business, which the registration relates. Notarial deed is eligible basis for registration, although specific laws that form the legal act required.

(5) without issuing a ruling, the court shall make an entry in the register also where the validity or effectiveness of the proposed facts to write does not occur under a special law to their registration. The procedure in the preceding sentence shall apply only if the petitioner and the only party business, which the registration relates. In other cases, the court of registration shall decide by resolution. Negotiations need not be ordered.

(6) In the case of persons not under a special law to submit proposals for the registration forms, the court decides each resolution.

(7) The entry of judgment made on the date specified in the proposal, but no earlier than the date of its execution. If the court decided to write about kidnapping, the entry in the register after the final resolution. In order to achieve compliance with the actual situation, the court may decide that no entry shall be made on the basis of an enforceable decision.

(8) Errors in writing and numbers, as well as other apparent irregularities in the registration pursuant to paragraphs 3-5 corrects the presiding judge’s own motion at any time, without the published decision, and shall notify the parties by sending an extract from the register containing this fix; § 200 db provisions of paragraph 5 shall apply mutatis mutandis.

§ 200 db

(1) The court shall make an entry in the register or to decide on the application by order within the period prescribed by special legislation, or no later than five working days in the case of registration of conversion under a special law, or if the file is not located at the Commercial Court because it was submitted to another court, especially on the decision to appeal or the jurisdiction of the court, the deadline under this sentence extended to 15 working days. If the application is made in the Czech language, or if they are not translated into the Czech language charters that under special legislation supported by data on recorded facts, the period of the first sentence begin to run until the delivery of the translation.

(2) The period referred to in paragraph 1 runs from the date of submission of the proposal. However, if the court fee paid to the proposal during the procedure or there is a change in design, the period referred to in paragraph 1 to the date of payment of court fees or the date on which the court reached the amended proposal. If the court issues a decision that prevents him from continuing the proceedings, especially if interrupts the proceedings or, where the local jurisdiction, begin the period referred to in paragraph 1 again from the date of removal of the obstacle to the proceedings.

(3) If the court fails to implement registration, or on the expiry of a period referred to in paragraph 1, the proposed entry is being made on the day following the expiry of this period, this does not apply if it was before this deadline proposal effectively taken back. The court reflected registration within 2 days from the date of such registration is considered as the first sentence executed.

(4) The provisions of paragraph 3 are not used, to prevent an entry pending criminal proceedings against a legal person or punishment, which it was stored under a special law, in which case the court shall decide on it without undue delay.

(5) Registration court within 3 working days of making the entry cross-conversion in the commercial register under a special law sends notice of that registration and information about its content to anyone who leads foreign trade register in which the registered foreign legal person involved in cross-border transformation.

(6) Businessman and persons under a special law shall be registered within minutes businesspeople, may within 1 month of the entry draft at the Commercial Court to seek cancellation or change registration effected pursuant to paragraph 3; missed this deadline can not be waived. The provisions of § 200b paragraph 1, second sentence, is not affected.

(7) Persons to be recorded under a special law to register within minutes entrepreneurs may, if their erasure from the register seek enrollment changes also when if it was made otherwise than in accordance with paragraph 3, paragraph 5 shall apply mutatis mutandis.

§ 200dc

(1) A registration effected pursuant to § 200d paragraph 3 and 4 of the first sentence and paragraph 3 § 200 db court shall notify the parties by sending them an extract from the Register containing this information. Notice under this provision, the court also sent to persons that are registered under a special legal regulation within minutes entrepreneurs. Listings must be sent within 3 days of registration.

(2) The registration trial without undue delay after the effective resolution of a registration.

(3) The registration of foreign legal persons providing legal services under a special legal regulation 72a), and registration of a branch of its business or the registration of the transfer of its registered office in the Czech Republic, the court or tribunal is always also the Czech Bar Association.

§ 200D

The presiding judge may impose a fine of entrepreneurs also if disobeyed court challenges to inform him of the facts or submitted any document needed for a decision pursuant to § 200b, paragraph 1, second sentence, or to submit a document which under special laws belongs to the collection of documents. Proceed with the analogy with § 53, with the fine may be imposed of up to 20 000 CZK.

§ 200e

Management of some issues of commercial companies, cooperatives

and other legal entities

(1) Proceedings in the cases mentioned in § 9, paragraph 3, point. b), d) to g) w) the competent regional court which is a commercial company, cooperative or other legal entity registered in the commercial register, the register of non-profit organizations in the foundation or Register. If it is a person who does not write to these registers, the competent regional court, which decides in commercial matters, in whose district the person have an address.

(2) Unless otherwise provided by law, the proceedings referred to in paragraph 1 shall commence only on the proposal, you can start without it.

(3) Participation in the cases referred to in paragraph 1 shall be subject to the provisions of § 94 paragraph 1 first sentence. Decisions are made by order.

(4) In the case can be decided without a hearing only in the cases mentioned in § 9, paragraph 3, point. b), d) to f) and w) and only if the inquiry is not performed.

(5) In proceedings for nullity of resolutions of the general meeting of the company or team member meeting the court that the resolution of the General Meeting or meeting of members be non-existent, even motion.

§ 200f

(1) A capital market matters under a special Act 74) may be filed only by the Czech National Bank.

(2) The parties to the proceedings are the Czech National Bank as the plaintiff and those whom the Commission proposal marked as defendant.

(3) The management is competent court in whose district the general court the plaintiff.

(4) It shall be a resolution. Negotiations need not be ordered.

§ 200 g

(1) In deciding the case, the Court is based mainly on documents and other evidence submitted by the plaintiff. Participants need not be heard.

(2) The application must be decided by the court of first instance within 10 days of initiation. If the court invited the applicant to remove the defects of administration (§ 43), runs this time again from the date when the defect removal or lapsed when the prescribed time limits, the same applies if the court ordered the plaintiff to submit to him for decision relevant documents or other evidence.

(3) The order to debar shall lapse on the date on which the competent authority of a final decision in the matter in accordance with the law. 75) Even before the expiry of this court order canceled if as the reasons for which the proposal was accepted.

§ 200h

The procedure for preliminary consent to the investigation of other

than business premises in matters of

competition

(1) If a reasonable suspicion that the investigation distortions under a special legal regulation 34b) are books or other records in other than business premises, including the homes of individuals who are statutory bodies or their members or employees (hereinafter referred to as “non-business premises”), and has to be such an investigation carried out in these areas, the Office for Protection of Competition or the European Commission proposal seek a court decision, the court expressed agreement with such investigations.

(2) The proposal must be in addition to the general requirements (§ 42 paragraph 4, Article 79 § 1) contain an indication other than the premises on which it is to be conducted, and it must specify the subject matter and purpose of the investigation, the time in which has to be conducted, and the facts giving rise to reasonable suspicion in accordance with paragraph 1

(3) The parties to the proceedings the petitioner and the person who uses other than business premises on which it is to be conducted (the “User”). If the proposer of the European Commission, is a participant in the Office for Protection of Competition.

§ 200i

(1) The court decides the draft resolution without a hearing; § 43 shall not apply. The resolution must be labeled other than business premises on which it is to be conducted, given the object and purpose of the investigation and the period in which it is to be conducted. Potential users hearing before the court decision may be to frustrate the investigation.

(2) The resolution shall be delivered to the user in the investigation. If the user is present, it is necessary to investigate enlist a person who is not on the things involved; user in that case the resolution and it being understood that the investigation was carried out, as recorded by the protocol in such investigation.

(3) A decision of the court appeals are allowed.

The procedure for replacing the consent of representatives of the Czech Bar Association

to become familiar with the contents of the documents, which may contain

the facts on which the obligation to

confidentiality of lawyer

§ 200j

(1) A consent in matters replacement representative of the Czech Bar Association to check out the contents of the documents, which may contain the facts on which the obligation to maintain confidentiality of the lawyer under a special legal regulation 75a) can only submit one about whom it provides a special rule 75b).

(2) The proposal must be in addition to the general requirements (§ 42 paragraph 4) contain identification documents in respect of which the petitioner seeks approval replacement representative of the Czech Bar Association to become familiar with their contents, and the statement of the facts showing why disagreement representative of the Czech Bar Association to familiarize the applicant with those documents has to be replaced. The application must be accompanied by another protocol or registration, which is representative of the detected disagreement Czech Bar with the fact that the proposer containing documents noted.

(3) the Charter in this case refers to both a document, or part thereof, as well as other media information.

(4) The proposal must be submitted no later than 15 days after the date on which the Representative of the Czech Bar Association refused to grant permission to check out the contents of the documents on which the petitioner under paragraph 2 seeks replacement consent. Submission of a proposal can not be waived.

§ 200k

(1) The management is competent regional court in whose district attorney seat 60), whose charter is.

(2) The parties to the proceedings are the petitioner, the Czech Bar Association and the aggrieved attorney, whose charter is.

§ 200 l

(1) A proposal that does not include all particulars or which is incomprehensible or vague, the court refused without a hearing, if for these shortcomings can not continue with the proceedings; § 43 shall not apply. The Court rejects the proposal without discussion also apply if it was filed late or if it was filed by someone who is not entitled to the proposal.

(2) has failed to in paragraph 1, the court shall order without undue delay, to discuss the merits hearing and the Czech Bar Association saves to him at the hearing instrument in respect of which the petitioner seeks replacement consent of the Czech Bar Association to become familiar with their content. The hearing is closed to the public.

(3) During the hearing ordered pursuant to paragraph 2, in addition to other court actions also examine whether there was a breach of security of documents submitted by the Czech Bar Association, and in the absence of other persons familiar with their contents, at the same time take measures to the petitioner and no one else on the content of documents At the hearing could not learn.

(4) If an adjournment of the hearing, the court papers to ensure that their contents could meet anyone, or to destroy or damage it.

(5) The court shall satisfy the draft when it comes to the conclusion that the document does not contain elements of which it is concerned lawyer is obligated to disclose pursuant to a special legal regulation 75a), otherwise rejects.

(6) The court shall make an order against which appeals are not permitted. Resolution pursuant to § 200 liters paragraph 5 should be published immediately after the meeting, the provisions of § 156 paragraph 2 shall not apply.

§ 200 m

(1) The resolution, which the court ruled on a petition under § 200 l, paragraph 5, the declaration shall be enforceable.

(2) If the court accepts the proposal at least in part, it shall immediately after the publication of resolution instrument on which it was replaced by the consent of representatives of the Czech Bar Association, becoming familiar with their contents, the petitioner and saves it to the Czech Bar Association returned as soon as soon as familiar with their content. Charter, on which the proposal was rejected, the court will return immediately after the announcement of resolutions of the Czech Bar Association.

(3) If the instrument is not possible to surrender the petitioner, the Czech Bar Association or their representatives in person after the publication of the resolution shall be served not later than the first working day following the day on which the resolution declaring the petitioner or the Czech Bar Association through messengers or judicial authorities judicial guards.

§ 200n

The procedure for replacing the consent of a representative of the Chamber of Tax Advisers

to become familiar with the contents of the documents, which may contain

the facts on which the obligation to maintain confidentiality

Tax Advisor

The provisions of § 200j to 200m to the procedure for replacing the consent of the Czech Bar Association representative to check out the contents of the documents, which may contain fact, covered by the duty of confidentiality of lawyer shall apply mutatis mutandis to replacement consent representative of the Chamber of Tax Advisors to peruse documents, which may contain fact, covered by the secrecy tax advisor.

The release of foreign security

§ 200o

(1) If the alien has not been completed to ensure under a special law, 34e) the alien may apply to the Court with a petition to order his release on the grounds that the conditions of detention for the duration of a special legal regulation.

(2) The proposal must be in addition to the general requirements (§ 42 paragraph 4, Article 79 § 1) include a reference to the decision, which was finally decided to secure the petitioner must state the facts on which the petitioner sees the illegality of the detention, identification evidence, which the petitioner relies, and it must be clear what the petitioner seeks.

(3) The applicant is required to attach the proposal to the documentary evidence relied upon, unless the documentary evidence contained in the writings of the defendant, which issued the decision.

§ 200p

(1) To control rests with the court in whose jurisdiction the detention facility (“the facility”), in which the petitioner is obliged to abstain, if the petitioner at the time the proposal is not in the facility is located, is a matter for the court, in whose jurisdiction the registered office of the police authority, which decided to ensure the petitioner.

(2) The parties to the proceedings are the petitioner and the appropriate police authority that issued the decision on detention.

§ 200q

(1) The application shall be filed with the competent court or authority by police, who issued the decision on detention.

(2) The court requests the documents that relate to securing petitioner. Police authority is obliged to immediately put to the court. If the application is made by the police authority, that authority shall be obliged to attach the draft documents, which relate to the petitioner and deliver them together with a proposal within 24 hours of the forum.

§ 200r

(1) The competent authority of the police, who issued the contested decision, the applicant is obliged to allow participation at the hearing.

(2) Negotiations need not be ordered if the content of the file is no doubt that the statutory conditions are not met for the duration of detention.

§ 200s

repealed by Law No. 151/2002 Coll.

§ 200 tons

If the court after consideration of the proposal to the conclusion that the conditions for the detention determined by a special legal regulation, decision on the petitioner’s release from prison. If the proposal was rejected, for the petitioner the right to claim the same reasons, further review of the legality of detention after at least three weeks from the decision.

§ 200near

(1) The court is obliged to discuss the draft priority and as speedily as possible.

(2) The court shall make an order.

(3) A decision of the court appeals are allowed.

(4) Upon delivery of the petitioner is enforceable resolution.

(5) If the court ordered the release of the petitioner to the order of freedom at the hearing, it shall forward its resolution to the parties immediately after its publication. If it has been decided without a hearing, court order delivered to the parties within 24 hours of its release. Police authority which issued the decision on securing the delivery order shall immediately take measures to police authority, which operates facilities in which the petitioner is secured, petitioner dismissed without delay.

§ 200v

The procedure for carrying out the obligations of the preliminary injunction

European Court of Human Rights

(1) Stores the preliminary injunction issued by the European Court of Human Rights under the Convention for the Protection of Human Rights and Fundamental Freedoms 101) Czech Republic to do something, anything to delay or something to endure, and the fulfillment of this obligation Czech Republic can not secure without the assistance of other persons, the court shall issue to the proposal of the Czech Republic’s decision to ensure compliance with the obligations arising from the preliminary measures of the European Court of Human Rights.

(2) The parties to the proceedings are the Czech Republic, and one against which the proposal is directed. The Czech Republic is the Ministry of Justice.

(3) To control rests with the court in whose district the general court, to which the proposal is directed.

(4) An application the court shall, no later than the expiry of seven days after it was passed. An appeal against this decision does not have suspensive effect.

(5) The court shall order the party ordered to provide the assistance necessary to ensure compliance with the obligations arising from the preliminary measures of the European Court of Human Rights.

(6) The obligation under paragraph 5 of synergy lasts until extinguished effects of preliminary measures of the European Court of Human Rights. Termination of the effects of preliminary injunction issued by the European Court of Human Rights, Ministry of Justice shall notify the person liable.

§ 200 watts

repealed by Law No. 151/2002 Coll.

§ 200x

Proceedings concerning elections to works councils and council elections of state employees

or election of representatives for occupational safety and health at work and the election of representatives

Safety and Health in the performance of government services

(1) An application for declaration of invalidity of the elections to the works council and the invalidity of elections to the council of state employees or invalidity of the election agent for the area of health and safety at work and the invalidity of the election agent for health and safety in the performance of government services 34i) or design invalidity of elections members of the special negotiating body SCE employees who are elected as representatives of workers from the Czech Republic, the court order without a hearing, within ten days of receiving the proposal.

(2) The parties to the proceedings the petitioner, a member of the Council or a member of the council of state employees or representative for the area of health and safety at work or safety representatives and health performance of state service or a member of the special negotiating committee SCE employees whose election is proposal is challenged, and the relevant election commission. Proceedings for annulment of the election to membership of the SNB employees SCE, the petitioner is a member of the special negotiating committee, whose election is contested proposal.

(3) The management of the district court is the place of residence of the employer. The proceedings for the election of members of the special negotiating committee of the European Cooperative Society is competent regional court under the seat or the seat of the future European Cooperative Society

(4) None of the parties has the right to pay the costs.

(5) A decision of the court is not permitted to appeal.

Proceedings for judicial sale of the collateral

§ 200y

(1) Proceedings for judicial sale of the collateral is based on an action initiated by the pledgee seeks judicial sale of the collateral, it does not apply, do not allow the specific legislation executory sale.

(2) The parties to the proceedings are the mortgage lender and mortgage borrower.

§ 200z

(1) The court shall order such sale, provide proof of claim of lien secured creditor, a lien on the collateral and who the lien debtor.

(2) In the case could be decided without a hearing only under the conditions specified in § 115a, or if they are actually mentioned in paragraph 1 accompanied by documents issued or validated by public authorities or public notary deeds.

(3) It shall be a resolution.

§ 200z

(1) Resolution of the sale of collateral is enforceable on the date on which came into power.

(2) The final resolution on the sale of the pledge is binding on every person against whom operate under special legislation lien on the pledge.

(3) According enforceable writ of sale of collateral, at the initiative of the pledgee to order the forced sale of the collateral.

PART FOUR

Remedies

Head first

Appeal

Lodging of appeals

§ 201

A participant may challenge the decision of the district court or regional court decision issued in first instance appeal, if the law does not.

§ 202

(1) The appeal is not admissible against a resolution which

a) adjusting the cables;
b) has been associated, to control the other party (§ 94 paragraph 3);
c) proceedings have been initiated without design;
d) the participant is asked to incomplete, incomprehensible or vague submission complete or correct (§ 43 paragraph 1);
e) the relief;
f) has not been admitted or design change;
g) it was decided svědečném or claims under § 139 paragraph 3;
h) was approved arrangement;
i) was rejected for a stay of proceedings under § 109 or § 110;
j) the defendant was asked to express in writing in the matter (§ 114b, 193d);
k) has been fixed decision does not concern the repair verdict decisions
l) was decided on measures to ensure the conditions for the return of the child (§ 193cm)

m), it was decided that the service is ineffective (§ 50d);

n) has been ordered to pay a deposit at the expense of evidence;
o) be upheld on review of the European order for payment
p) has been ordered by the first meeting with the mediator pursuant to § 100 paragraph 3,
q) was canceled payment order under § 173 paragraph 2

(2) The appeal is not admissible against a judgment in which it was decided to monetary form not exceeding 10 000 CZK, option, while claims are not taken into account, this does not apply for the recognition of the judgment and default judgment.

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

§ 203

(1) The intervener may appeal only if the management entered within fifteen days from receipt of the participant in the proceeding supports. Intervener’s appeal is not admissible if it is supported by a notice of appeal or, if surrendered, citing the intervener disagrees.

(2) The State Prosecutor may appeal only in the cases mentioned in § 35, paragraph 1, and only if the management entered into before the expiry of the appeal period to all parties.

(3) The Office of the Government Representation in Property Affairs may appeal only in cases and under the conditions specified in § 35a and only if the management entered into before the expiry of the appeal period to all parties.

§ 204

(1) An appeal shall be filed within fifteen days from receipt of the written decision to the court whose decision is being appealed. Was granted remedies resolutions relating to the decision statement, this time running again after the effective corrective resolution.

(2) The appeal is filed on time even if it was filed after the fifteen-day period because the appellant drove the wrong lesson court of appeal. Unless the decision of cancellation, the time to appeal or the court in which it is served, or contains incorrect information stating that the appeal is not acceptable can be appealed within three months of receipt.

(3) The relief appeal to the court of first instance. Relief on appeal is not admissible in the case of an appeal against the judgment was pronounced, that the divorce that is invalid or is not, or who said it cancellation, invalidity or lack of partnership, in these cases also apply the provisions of paragraph 2, second sentence.

Particulars of appeals

§ 205

(1) The appeal shall be in addition to the general requirements (§ 42 paragraph 4) above, against whom the decision is directed to what extent the attacks, in what is seen incorrectness of this decision or the court’s action (appeal reason) and what the appellant seeks ( appeal proposal).

(2) An appeal against the judgment or order, which was decided on the merits, can be justified only by

a) were not met management decided factually jurisdiction Court of First Instance, the Court of First Instance handed foreclosed judge (assessor) or the Court of First Instance was wrong cast, unless the judge instead deciding Senate
b) the Court of First Instance disregarded the appellant alleged facts or evidence it marked, although the conditions were not fulfilled in accordance with § 118b or § 175, paragraph 4 of the first sentence following the semicolon,
c) management is affected by another defect that could result in the wrong decision in the matter,
d) the Court of First Instance found incomplete facts of the case as it has not proposed evidence needed to prove the relevant facts,
e) the Court of First Instance concluded, on the basis of the evidence for errors of fact
f) has established the facts do not stand up, because there are other facts or other evidence which had not been applied (§ 205a),
g) the decision of the court of first instance based on incorrect legal assessment of the matter.

(3) The appellant may, without court approval to change the remedy sought and the grounds for appeal after the expiry of the deadline for appeal.

(4) The extent to which the decision is being contested, the appellant may be changed only for the duration of the period for appeal.

§ 205a

(1) The facts or evidence which was not produced before the court of first instance, the appeal against the judgment or order on the merits justify the Board only if

a) relate to proceedings, jurisdiction of the court, the exclusion of a judge (assessor) or cast judgment;
b) they should be demonstrated that the proceedings were defects that could result in an incorrect decision in the matter;
c) they shall be called in question the credibility of the evidence upon which the decision of the court of first instance;
d) they have an obligation to be met for a decision to maintain all things relevant facts or evidence the obligation, provided that the failure of any of these obligations had been unsuccessful appellant and that the appellant was not properly instructed pursuant to § 118a paragraph 1 to 3;
e) the appellant was not properly instructed pursuant to § 119a paragraph 1;
f) there are (created) after publication (issue) decision of the court of first instance.

(2) In the cases referred to in § 120 paragraph 2 limits under paragraph 1 shall not apply.

§ 205b

The appeal against the judgment for recognition or a default judgment against the Board are the reason only defects mentioned in § 205, paragraph 2, point. a) a fact or evidence to be shown that the conditions were not met for their issue (§ 153a, 153b).

Effects of withdrawal

§ 206

(1) Where a person who is authorized to do so, in time of appeal, the decision does not acquire legal force until it finally decides to appeal the Court of Appeal.

(2) If, however, decided on a number of rights with a separate factual basis or where it relates to the decision of several parties, each acting in proceedings for himself (§ 91, paragraph 1) and to appeal explicitly covers only some of the rights or some participants, there is no legal power statement that is not infected, citing prejudice. This does not apply in cases where a decision on the contested statement is dependent statement, which was not referring specifically affected, or if the law implies a method of handling the relationship between the parties.

(3) The power shall not affect other statements also if an appeal is directed only against the order on costs, the accessory claims, the time limit for the performance or the provisional enforcement of the judgment.

Waiver of appeal and remanding back

§ 207

(1) Give an appeal is possible only to the court, after the announcement (issue) resolution.

(2) Until the appeal has been decided, it is possible to take them back, in which case the appellate court appeals process stops. If someone took back the appeal, he can not make it again.

Acts of the court of first instance

§ 208

(1) late filing of an appeal court presiding judge of First Instance rejects the resolution.

(2) As of late can not be denied and the appeal was filed within the court of appeal or the record at nepříslušného court in matters of succession and also when, if filed within the notary, who was commissioned by the court, as a court commissioner made acts in the probate proceedings. The same applies, if an appeal against the decision on interim measures pursuant to § 76a filed within the court having jurisdiction under § 88 point. c).

§ 209

The presiding judge at first instance will take care of removing any defects in timely filed an appeal (§ 43). Failing him remove the defects or if it considers that the appeal is filed by a person who is not entitled to it, or that it is not acceptable, the matter after the appeal period, the report of the Court of Appeal.

§ 210

(1) Except for the cases referred to in § 208 or § 209, the presiding judge delivers the appeal is directed against the judgment or against a resolution on the merits, the other participants. An appeal against a decision which has not been decided on the merits, the presiding judge shall deliver those participants whose rights and obligations are concerned, if the circumstances of the case or the nature of things suitable and expedient.

(2) If necessary, the President of the Chamber examined whether the conditions management, provides the reports and documents which the appellant or other participants invoked and performs as well as other similar investigations.

(3) When all participants the deadline for filing an appeal and once the investigation conducted pursuant to paragraph 2, the President of Appeal Court of Appeal case, the report also indicates that it considers the appeal to be filed by the deadline.

§ 210A

Resolution on the obligation to pay the court fee or resolution of which has not acquired the right person other than the appellant, or resolution imposing disciplinary measures (§ 53), or a resolution of the dismissal, or other application initiating proceedings (§ 43 paragraph 2 , § 75a, paragraph 1, § 75b, paragraph 2, § 78d paragraph 2), or a resolution to reject the appeal (§ 208), or a decision issued pursuant to Part Six, or an interim order under § 76a, it may appeal directly change Court of First Instance as appeal in its entirety oblige.

Proceedings before the Court of Appeal

§ 211

Proceedings before the Court of Appeal shall apply mutatis mutandis to proceedings before the court of first instance, unless stated otherwise.

§ 211a

Party other than the appellant in the Court of Appeals may argue facts or evidence which was not produced before the court of first instance, only under the conditions specified in § 205a, or if not for the limitations of the pleas of the appellant pursuant to § 205a paragraph 1

211B

The Court of Appeal may pre enforceability of the judgment of conviction to postpone the return of the child if the child did not recover [§ 162, paragraph 1, point. b)].

§ 212

The Court of Appeal discussed the matter within the limits in which the appellant seeks review of the decision. This range is not bound

a) in cases where it is possible to initiate proceedings of its own motion,
b) in cases where a decision on the contested statement is dependent statement that the withdrawal was not affected
c) in cases where the terms of such common rights or obligations that the decision should apply to all participants, who performs on one side, and where acts of one of them for the other (§ 91 paragraph 2), although an appeal filed just some of the participants,
d) if the law implies a method of handling the relationship between the parties.

§ 212a

(1) Unless otherwise provided, decisions of first instance may be reviewed and for reasons that were not raised in the appeal (§ 205 paragraph 2).

(2) The judgment or order which has been decided on the merits, can not be examined in accordance with paragraph 1, if the appeal does not challenge over court (§ 43 and 209) in cases not provided for in § 120 paragraph 2 no grounds for appeal.

(3) The new facts or evidence (§ 205a paragraph 1 and § 211a), the appellate court may, except for those listed in § 120 paragraph 2, to take into account only when they were applied.

(4) Judgment for recognition and a default judgment the appellate court will review only the reasons given in § 205b.

(5) The Court of Appeal also take into account the defects listed in § 229, paragraph 1, § 229, paragraph 2, point. a) and b) and § 229 paragraph 3 The other defects in the proceedings before the Court of First Instance takes into account the appellate court only if they can result in the wrong decision in the matter, and only if, under appeal can not be remedied.

(6) The resolution, which was decided on the merits, may be reviewed only for reasons that relate to the court of first instance verdict of address resolution.

§ 213

(1) The appellate court is not bound by the facts as found by the Court of First Instance.

(2) The appellate court may repeat the evidence upon which the Court of First Instance found the facts of the case, evidence has made repeated every time if it considers that it is possible to draw from them to another of fact than that made by the court of first instance. .

(3) For the evidence on which the Court of First Instance has not made any factual findings, the appellate court in determining the facts of the case disregarded, unless it is repeated, the evidence must repeat, only if the fact that they have to be proven, the court of first degree performed other evidence on which the finding of facts based.

(4) The Court of Appeal added evidence the parties to the proposed evidence, which has not yet been carried out, when it appears necessary to establish the facts of the case, it not only has to be performed extensive additional evidence, and if the fact that they have be demonstrated, so far there has been no evidence or wholly inadequate.

(5) In determining the facts of the appellate court to disregard facts or evidence which are applied by the parties in conflict with § § 205a or 211a.

§ 213a

(1) If the Court of Appeal considered that to be made other than the parties to the proposed evidence (§ 120 paragraph 3, first sentence), or repeats the evidence (§ 213 paragraph 2 and 3), take evidence itself.

(2) The Court of Appeal added evidence the parties to the proposed evidence (§ 213 paragraph 4), either alone or through a court of first instance or the requested court.

§ 213b

(1) The appeal shall proceed in accordance with § 118a, this procedure does not lead to the application of new facts or evidence in conflict with § 205a or 211a or to exercise procedural rights that are under appeal inadmissible.

(2) Violation of § 118a paragraph 1-3 first instance the procedural defect, only if the need to provide additional evidence or claim arising under a different legal opinion of the Court of Appeal.

§ 214

(1) The order of the appeal court presiding judge of the Board meeting.

(2) Proceedings not be ordered if

a) dismisses the appeal;
b) stops or interrupts the appeals process;
c) appealed against the decision of the court of first instance, which was decided on interim measures, or other resolution that no decision on the merits;
d) repealing Decision pursuant to § 219a paragraph 1;
e) appeal concerns only the costs, deadlines to meet or preliminary enforceability.

(3) Negotiations also not be ordered if the appeal was filed only because of an error of law matters and participants the right to participate in the hearing of the case give up, or with no decision in the case of proceedings agree, this does not apply if the appellate court repeats or adds evidence.

§ 215

(1) The summons shall be delivered to the participants so that they have enough time to prepare, usually at least ten days before the date of the meeting is to take place.

(2) After negotiations shall Chairman or designated member of the Senate a report on the progress of negotiations; otherwise apply to proceedings before the Court of Appeal reasonably § 116-118, § 118a para 4 and § 119th In conclusion, President of the Chamber will invite the participants to summarize their proposals and to comment on the evidence and the factual and legal aspect of the case.

§ 216

(1) The provisions of § 92, 97 and 98 do not apply to appeal proceedings.

(2) The appeal is not to introduce a new claim.

(3) There is no reason for a stay of proceedings if the parties or one of them to a hearing at the Court of Appeal.

§ 217

canceled

Decision on appeal

§ 218

Appeals court rejects appeal by

a) repealed by Act No. 30/2000 Coll.
b) was filed by someone who is not entitled to appeal;
c) relates to the decision against which no appeal is allowed.

§ 218a

Omit the presiding judge Court of First Instance under § 208, paragraph 1, although the appeal was filed late, he decides to reject the appeal for delay in the appellate court. If necessary, carry out the necessary investigations, either itself or through a court of first instance court or requested.

218b

The Court of Appeal decides on appeals against decisions on interim measures pursuant to § 76 paragraph 1 point. b), § 76a and § 76b within 7 days from referral to an appeal court.

218c

The stop for the withdrawal of the appeal before the appeal hearing before the Court of Appeal and the rejection of an appeal under § 218 or § 218a can only be decided by the presiding judge appellate court or an authorized member of the Senate.

§ 219

The Court of Appeal decision, if in the statement factually correct.

§ 219a

(1) The Court of Appeal decision canceled if

a) there is a defect that the procedure did not take place due to lack of driving conditions or deciding factually jurisdiction court or the judge or the court excluded was properly occupied, unless the judge instead deciding Senate, or other defects that could result in an incorrect decision in the matter, and the appeal could not be corrected,
b) the decision is not reviewable for incomprehensibility or lack of reasons
c) the court not have taken that as a participant, who was to be a participant,
d) the court did not continue the proceedings, who is the successor party to the process, which after initiation lost the capacity to be a party.

(2) The Court of Appeal judgment or order which has been decided on the merits, also canceled if to establish the facts of the case are needed, participants proposed evidence, which can not be made in appeal proceedings (§ 213 paragraph 3 and 4) , § 213 paragraph 5 shall not be affected thereby.

§ 220

(1) The Court of Appeal judgment or changes the resolution which was decided on the merits, if the conditions for their confirmation (§ 219) or withdrawal (§ 219a) and if

a) Court of First Instance was wrong, though rightly ascertained facts;
b) after completion of taking evidence or repeat the facts of the case and found that it is possible to decide the case.

(2) The Court of Appeal judgment or changes the resolution which was decided on the merits, even if it approves a settlement.

§ 221

(1) If the Court of Appeal decision in accordance with § 219a,

a) refer the case to the court of first instance for further proceedings, or
b) refer the matter objectively competent district or county court or tribunal established to hear and decide cases of a species, or
c) decide to stop the procedure, if there is such a lack of driving conditions that can not be removed (§ 104, paragraph 1), if not given the power of the courts, decide whether to transfer the case to the authority in whose jurisdiction it belongs.

(2) If the appellate court decision because it was not observed binding legal opinion (§ 226, paragraph 1, § 235h, paragraph 2, second sentence, and § 243d paragraph 1) or that the proceedings were serious flaws, may order that in further proceedings discussed this matter and decided another Senate (judge), or order the matter for further proceedings to another court of first instance, which is superior.

§ 221A

The Court of Appeal’s decision may cancel the court of first instance, even if the proposed change, and vice versa.

§ 222

(1) If the appellant appeals take back the legal power of the contested decision occurs as if the appeal has not occurred, this is not the judgment was pronounced, that the divorce that is not valid or it is not, and judgment was pronounced cancel , invalidity or non-existence of the partnership.

(2) omit the Court of First Instance on some parts of the subject of the proceedings, the costs or the proposed preliminary enforceability, the appellate court may, before the decision on the appeal order to supplement its decision (§ 166).

(3) Subject to § 164 the appellate court may also order the rectification of the contested decision.

§ 222a

(1) Taking the applicant (petitioner) for the appeal back to the application initiating proceedings, the appellate court entirely, or the extent to discontinue the proceedings, quash the decision at first instance and terminate the proceedings, this does not apply if the appeal is filed late or someone who was not entitled to appeal, or against the decision which is not permissible.

(2) If the other participants withdrawing the application for serious reasons not agree, the appellate court determines that the withdrawal of the petition is not effective, in which case, after final resolution continues to appeal.

(3) The provisions of paragraph 2 shall not apply in the case of withdrawal of the petition for divorce, nullity of marriage or determining whether a marriage is or is not, or to withdraw the application for revocation, invalidity or lack of partnership.

§ 223

Judgment of the Court of Appeal decision, if confirmed by the judgment (§ 219) or amend a judgment under § 220, paragraph 1; otherwise decides by resolution.

§ 224

Costs of the appeal proceedings

(1) The provisions of the costs before the Court of First Instance shall apply mutatis mutandis to the proceedings of appeal.

(2) Changes to the appellate court decision, a decision as to costs at first instance.

(3) If the appellate court decision and return the case to the court of first instance for further proceedings or refer the matter objectively competent court decides on reimbursement Court, a new decision on the matter.

Further course of the proceedings

§ 225

The Court of First Instance delivers judgment on appeal unless the appellate court is not delivered directly.

§ 226

(1) If a decision was annulled and the matter was returned for further proceedings, the Court of First Instance shall be bound by the appellate court.

(2) If the decision is annulled and the matter be referred to the competent court in substance, not in the next procedure § 104a. The results of the current procedure may be at a new hearing of the case based only on the recognition of the defendant and of the same factual claims of the participants, with the consent of participants can also be based on some or all of the evidence ..

§ 227

canceled

Title Two

Action for retrial and confusion

Permissibility

§ 228

(1) action for retrial party may challenge a final judgment or final resolution, which was decided on the merits:

a) If there are facts, decisions or evidence which, without fault of their own can not be used in the main proceedings before the court of first instance or as provided in § 205a and 211a also before the appellate court, if they can induce favorable to his decision in the matter;
b) can perform evidence that could not be performed in the main proceedings before the court of first instance or as provided in § 205a and 211 and also before the appellate court, if they can induce favorable to his decision.

(2) the action for retrial participant can also attack the final resolution, which approved a settlement if it can be grounds for recovery under paragraph 1 shall also apply to the preconditions under which a settlement was approved, the same applies to a final payment order, a final judgment for recognition and the final judgment by default.

§ 229

(1) An action for nullity party may contest the final decision of the Court of First Instance or the Court of Appeals, which the proceedings were terminated if

a) it was decided in a case not falling within the jurisdiction,
b) a person who appeared in the proceedings as a party, did not have the capacity to be a party,
c) a party may not bring proceedings before a court or could not act (§ 29 paragraph 2) and was not properly represented,
d) there was a proposal to initiate proceedings, although by law it was necessary
e) arbitrated excluded judge or juror,
f) the court was improperly cast, unless the judge instead deciding Senate
g) was decided against a participant in the offense a judge or assessor,
h) the party was appointed guardian because of an unknown residence or because he failed to deliver a known address abroad, although such measures were not met expectations.

(2) By an action for nullity participant can also attack the final judgment of the Court of First Instance or the Court of Appeals or a final resolution of these courts, which ruled on the merits, or the final payment order (Bills of Exchange and Cheques for payment) or electronic payment order, if

a) in the same case had already been seised
b) in the same case was before a final decision,
c) the court of appeal has been finally rejected a motion for enforcement of those decisions or legally halted enforcement on the grounds that the obligations judgment, order or payment order can not be executed stored (§ 261a).

(3) By an action for nullity participant can also attack the final judgment the Court of Appeals or the final resolution, which was decided on the merits, if he was in the course of court proceedings by improper deprived of the ability to act before the court. The same applies in the case of a final judgment of the court of first instance, against which no appeal is allowed under § 202 paragraph 2

(4) By an action for nullity party may also challenge the final order of the Board Court refusing to whom an appeal or appeals process has been stopped, as well as the final resolution to the Court of Appeals, which has been confirmed or amended by resolution of the court of first instance to reject the appeal or appeal for lateness.

§ 230

(1) The action is not admissible against

a) convictions, which were expressed that the divorce that is invalid or that there is not, and against judgments, which were expressed revocation, invalidity or absence of a partnership;
b) statements against a decision on costs, the time limit for the performance and provisional enforcement
c) only against the reasons for the decision.

(2) Application for revision may also be against the judgments and order, the cancellation or change can be achieved by other means, not counting the appeal.

(3) An action for nullity is not admissible also against the resolution, which was decided on the action for nullity.

§ 231

(1) An action may be made of the reasons listed in § 228 and 229 also intervene if joined to the original proceedings. The action is inadmissible if it supported her party disagrees.

(2) The State Prosecutor may submit the reasons stated in § 229 action for nullity only in the cases mentioned in § 35 paragraph 1 Entered the public prosecutor in the proceedings in which the contested decision was made, may submit a claim, the period runs until one of the parties if a simultaneously enters into proceedings (§ 35).

(3) The Office of the Government Representation in Property Affairs, if not directly involved in the proceedings may submit the reasons stated in § 229 action for nullity only in the cases and under the conditions specified in § 35a. Entered the Office of the Government Representation in Property Affairs in the proceedings in which the contested decision was issued, it may to take action until the time limit a participant, if you are also enters into the proceedings (§ 35a).

(4) The provisions of § 230 applies here mutatis mutandis.

Submitting an application

§ 232

(1) The action, in addition to the general requirements (§ 42 paragraph 4) include a reference to the decision against which it is directed, to what extent can think of cause of action (the reason for retrial or confusion), description of facts which indicate that the action given time, identification of evidence is available to justify an action is demonstrated, as well as what the person who filed the complaint claims.

(2) The extent to which the decision is being contested, and the cause of action (the reason for retrial or confusion) can be changed only for the duration of the deadlines for action.

§ 233

(1) Application for rehearing must be filed within three months from the time that the person who proposes recovery, he learned the reason for recovery, or from the time that it could apply, the course of this period shall not end before the expiration of three months after the effective date of the contested decision.

(2) Three years after the effective date of the contested decision may be an action for retrial filed only if the criminal judgment or decision of an administrative offense or another offense, based on which it was granted a civil procedure law, were later under the relevant legislation canceled.

§ 234

(1) Unless otherwise provided, it must be an action for nullity filed within three months from the notification of the contested decision.

(2) Because of confusion referred to in § 229 paragraph 1 point. c) the action may be brought within three months, which begins on the date when the party was appointed representative, or when dispensing obstacle for which a court could not act independently or for which he could not appear before the court, but not later than three years after the effective date of the contested decision .

(3) Because of confusion referred to in § 229 paragraph 1 point. e) the action may be brought within three months from the time when those who claim is made, the reason for confusion but no later than three years after the effective date of the contested decision.

(4) Because of confusion referred to in § 229 paragraph 1 point. g) the action may be brought within three months from the time when those who claim is made, the reason for confusion learned.

(5) Because of confusion referred to in § 229 paragraph 1 point. h) the action may be brought within a period of three months from the time when those who claim made, learned of the contested decision.

(6) Because of confusion referred to in § 229 paragraph 2, point. c) the action may be brought within three months of the resolution to reject the Court of Appeals a motion for enforcement or suspension of enforcement.

§ 235

(1) relief to the application is not permitted.

(2) Where an action against the contested decision also filed an appeal, does not provide for time limits according to § 234 paragraph 1 to 4 hours after the effective date of the contested decision until the decision the appellate court.

Management and decision on the application

§ 235a

(1) An action discussed and decided upon by the Court, which ruled on the matter in the first instance. Action for nullity filed for reasons mentioned in § 229 paragraph 3 and 4, discussed and decided upon by the court whose decision is contested, it does not apply in cases in which the first instance competent regional court (§ 9, paragraph 2 to 3).

(2) For an action shall apply mutatis mutandis to proceedings in the first instance, unless stipulated otherwise.

§ 235B

(1) If a decision is made against the same application for a retrial for confusion, connect things to the common court proceedings.

(2) The provisions of § 92, 97 and 98 for an action does not apply. For an action for nullity not of § 107a.

(3) Where an appeal against the decision also filed an appeal, the court of an action be suspended until the appellate court decision.

§ 235C

If it is likely that the application is allowed, the court may order the suspension of the contested decision on the matter

§ 235d

The court discussed the matter in so far as they are the one who filed the complaint seeking permission to resume proceedings or annulment of the contested decision for the confusion. This range is not bound

a) in cases where it is possible to initiate proceedings of its own motion,
b) in cases where a decision on the contested statement is dependent statement that action was not affected
c) in cases where the terms of such common rights or obligations that the decision should apply to all participants, who performs on one side, and where acts of one of them for the other (§ 91 paragraph 2),
d) if the law implies a method of handling the relationship between the parties.

§ 235E

(1) An action for retrial court order either reject or allow a retrial.

(2) An action for nullity court order either reject or cancel the contested decision. Canceling a decision for the reasons set out in § 229 paragraph 1 point. a), b) and d) or § 229, paragraph 2, point. a) and b), the decision whether or not to terminate the proceedings on the matter, or a referral to the authority having jurisdiction belongs. Where there are grounds on which annulled the decision the Court of Appeals, and the decision of the court of first instance and the court canceled the decision, although action was not challenged.

(3) If the same decision challenged in an action for a new trial for nullity, the court may allow reasonably relied on retrial only if the action for nullity reject, refuse or stop the proceedings.

(4) If the contested decision annulled extraordinary appeal court, the court proceedings in the action stops.

§ 235f

If the court rejects the claim because it is not admissible, either because it was submitted by someone who was not entitled to it, or because it was filed after the time counted after the effective date of the contested decision, not mandating negotiations.

§ 235 g

Enabling retrial postponed the operation of the contested decision.

Management and decision after license renewal or cancellation decision

§ 235h

(1) If allowed retrial, the court of first instance, once the order is not final, thing again without further discuss the proposal; take as to everything that came to light in the main proceedings or on the action. If the court finds the contested decision factually accurate, rejects resolution proposal for its amendment. If a contested court decision on the merits is changed, a new decision replaces the original decision.

(2) If the contested decision for the confusion cleared, the court, whose decision is done, the thing once order has become final without further discuss the proposal and decide; take as to everything that came to light in the main proceedings or on the action. Legal opinion contained in the Cancellation Resolution is for new consideration and decision on binding.

(3) Paragraph 2 shall not apply if the proceedings in the matter terminated (§ 235E, paragraph 2, second sentence).

§ 235i

(1) The new decision on the matter the court will decide on reimbursement main proceedings and the legal action, for reimbursement of the original proceedings, decides if the decision after the permit renewal does not replace the original decision.

(2) If the court annuls the contested decision and also stops the proceedings on the case (§ 235E, paragraph 2, second sentence), a decision as to reimbursement of the original procedure.

(3) The relationship of someone other than the party can not be a new decision on the matter affected.

Chapter Three

The appeal

Admissibility of the appeal

§ 236

(1) may be subject to appellate review final decisions of the Court of Appeal, if the law allows.

(2) The appeal against the reasons for a decision is not acceptable.

§ 237

Unless stated otherwise, the appeal admissible against each Court of Appeal decision on the appeal procedure ends when the contested decision depends on the resolution of questions of substantive or procedural law, in which the Court of Appeal solutions, the settled practice of the appellate court decision or that the decision appellate court has not yet resolved or extraordinary appeal is decided by the court differently or has to be extraordinary appeal court resolved the legal question assessed differently.

§ 238

(1) The appeal under § 237 is not permitted

a) in matters governed by family law, unless it is a judgment on the restriction or deprivation of parental responsibility or suspension of the exercise of the determination (denial) parenting or adoption irrevocable,
b) in cases of international child abduction under an international agreement, which is part of the law of 62 grams), or a directly applicable European Communities regulation 62H)
c) in matters governed by the Act on Registered Partnership 33c)
d) against the judgment and order, in which the contested appellate verdict was decided on monetary form not exceeding 50 000 CZK, unless it is a relationship of consumer contracts of employment relationships or matters referred to in § 120 paragraph 2; Accessory receivables are disregarded while ,
e) in matters delay the enforcement or execution,
f) against an order against which an action for nullity permissible under § 229, paragraph 4,
g) against the resolution, which was decided on interim measures, disciplinary measures, expert fees, or interpreter.

(2) For the opětujícího monetary consideration is to conclude whether the contested appellate verdict was decided on monetary form not exceeding 50 000 CZK [paragraph 1, point. d)], determined the sum of all recurrent performance, however, if the cash consideration for life, for an indefinite period or for a term longer than 5 years, is decisive only five times the amount of annual performance.

§ 238a

Further appeal is permitted against the decision the Court of Appeals, which was during the appeal proceedings shall be decided as to who is the successor party to the process, of intervention in place of the existing participant (§ 107a), on the accession of another party (§ 92 paragraph 1) and substitution of participant (§ 92 paragraph 2).

§ 239

Admissibility of appeal (§ 237 to 238a) is entitled to examine only appellate court to the provisions of § 241b paragraph 1 and 2 are not affected.

Filing an appeal

§ 240

(1) A party may file an appeal within two months of receipt of the appeal court decision in court, which ruled in the first instance. If there was a court of appeal issued rectifying resolution runs this time from receipt of appeal resolution.

(2) Failure of the period referred to in paragraph 1 can not be waived. The time limit is not maintained, if an appeal is lodged within the period of appeal or appellate court, and matters of inheritance also where, if an appeal is lodged within a period of a notary, commissioned by the court, as a court commissioner acts performed in probate proceedings .

(3) The time limit is also maintained if the appeal was filed after the two-month period because dovolatel drove the wrong lesson court on appeal. Unless the decision instruction on appeal, the time limit for appeal or the court in which it is served, or contains incorrect information stating that the appeal is not allowed, an appeal may be lodged within three months of receipt.

§ 241

(1) Unless otherwise provided, it must be dovolatel represented by a lawyer or notary. Dovolatele notary may only represent the scope of its authority established by special legislation. 57)

(2) Paragraph 1 shall not apply

a) if dovolatelem natural person who has a legal background,
b) if dovolatelem legal entity, state, municipality or higher territorial self-governing unit, the case for them the person referred to in § 21, 21a, or in § 21b, which has a legal background.

(3) Paragraph 1 shall apply also in the case when dovolatelem community, which represents the State pursuant to § 26a of the case on behalf of the State for the community represented by the person referred to in § 26a paragraph 3, which has a legal background.

(4) The appeal must be written, except as provided in paragraph 2. a), a lawyer, a notary or a person referred to in § 21, 21a, 21b, or in § 26a paragraph 3, which has a legal background.

§ 241a

(1) The appeal may be brought only on the grounds that the Court of Appeal decision based on incorrect legal assessment of the matter.

(2) The appeal shall be in addition to the general requirements (§ 42 paragraph 4) above, against which the decision is being appealed, the extent to which the decision is being contested, the definition of an appeal because, in what dovolatel sees prerequisites admissibility of an appeal (§ 237 to 238a) and what dovolatel seeks (appellate proposal).

(3) The reason for the appeal shall be defined so that dovolatel give legal assessment of the matter, which he considers to be wrong, and it landed in what is incorrect in this assessment.

(4) The appeal can not refer to submissions which dovolatel made for proceedings before the court of first instance or on appeal.

(5) The content of the submission, which dovolatel said the extent to which challenges the decision of the appellate court, or in which it defined the reasons for the appeal, without the condition set out in § 241, shall be disregarded.

(6) The appeal is not on new facts or evidence.

Acts of the court of first instance

§ 241b

(1) The provisions of § 208, paragraph 1, § 209 and 210 shall apply mutatis mutandis.

(2) If the condition referred to in § 241, proceed by analogy with § 104 paragraph 2, this does not apply to an appeal filed late, someone who is not entitled to appeal, or if directed against a decision which appeal is not permissible under § 238.

(3) The appeal, which does not contain information about the extent to which the Appellate Court strikes in what dovolatel sees prerequisites admissibility of an appeal (§ 237 to 238a) or which does not appeal because of the definition, it can be supplemented by the following elements only for duration of the period for appeal. Unless at the time of appellate condition specified in § 241, the period runs until the deadline, which was dovolateli intended to fulfill this condition; asked dovolatel However, if before the expiry of the appointment of a representative (§ 30), the period under first sentence again until the final resolution, which it has been decided that application.

Proceedings at the appellate court

§ 242

(1) The appellate court shall review the Court of Appeal decision in so far as it has been attacked by his statement.

(2) The appellate court is not bound by the scope appellate proposals

a) in cases where it is possible to initiate proceedings of its own motion,
b) in cases where a decision on the contested statement is dependent statement that appellate review was not affected
c) in cases where the terms of such common rights or obligations that the decision should apply to all participants, who performs on one side, and where acts of one of them for the other (§ 91 paragraph 2), although an appeal filed just some of the participants,
d) if the law implies a method of handling the relationship between the parties.

(3) The appellate court may be reviewed only for the reason defined in the appeal. If the appeal is admissible, appellate court will consider whether the defects listed in § 229, paragraph 1, § 229, paragraph 2, point. a) and b) and § 229, paragraph 3, as well as other defects in the proceedings, which could result in an incorrect decision.

(4) The parties may, for the duration of the period for filing an appeal because an appeal to change the definition and the extent to which the decision of the appellate court challenge, there is no need to change the consent of the court.

§ 243

Before making a decision on the appeal appellate court may of its own motion to postpone

a) the operation of the contested decision, though without delay enforcement or execution dovolateli threatened serious injury or
b) the legal power of the contested decision, if dovolatel seriously threatened in their rights, and to affect the legal relations postponement person other than a party.

§ 243a

(1) The appellate court decides to rule on the appeal without a hearing. Where it considers it necessary, order to discuss the appeal hearing.

(2) order the appellate court hearing, a similar procedure under § 215 and § 216 paragraph 3

§ 243b

The appellate procedure apply mutatis mutandis to proceedings before the court of first instance, unless otherwise specified, the provisions of § 43, 92, 95 to 99 and 107a, however, does not apply to appellate proceedings.

Decision on appeal

§ 243c

(1) The appeal against the decision of the Court of Appeals not sanctioned or who suffer from disabilities that were not within (§ 241b, paragraph 3) removed and for which extraordinary appeal can not proceed, appeals court refuses. Resolution of the appellate court issued within six months from the date when the matter was submitted (§ 241b).

(2) The decision to reject the appeal on the ground that the appeal is not permissible under § 237, requires the consent of all the members of the Senate.

(3) The provisions of § 218 point. b), § 218a, § 224, paragraph 1 and 2, § 225 applies to proceedings before the appellate court similarly. Taking dovolatel appellate completely back appellate court shall suspend the proceedings.

§ 243d

Did not proceed according to § 243c, appellate court

a) reject the appeal when it comes to the conclusion that the Court of Appeal decision is right or
b) The Court of Appeal’s decision may change if the Court of Appeal was wrong, and if the results management show that it is possible to decide the case.

243e

(1) If the conditions for stopping the appellate proceedings, to reject the appeal, the appeal for rejecting or altering the decision of the appellate court, appellate court is canceled.

(2) If the appellate court decision on appeal, it will return the case for further proceedings. Where there are grounds on which the Court of Appeal annulled the decision, including the decision of the trial court, appellate court and cancel the decision and remit the case to trial court for further proceedings, or refer the matter for further proceedings factually competent court. Appellate court also canceled another decision issued in proceedings at first instance or on appeal, which are phasing Court of Appeal decision dependent.

(3) If the appellate court decision on appeal because it was not observed binding legal opinion (§ 243 g, paragraph 1) or that the proceedings were serious flaws, may order that the matter discussed in further proceedings to order the Board or other thing to further proceedings to another court of appeal. If the appeals court also cancels the decision of the court of first instance, it may also order that the matter discussed in further proceedings in the court of first instance other tribunal (the judge) or order the matter for further proceedings to another court of first instance.

(4) If the appellate court decision of the Court of Appeal and the Court of First Instance for the defects listed in § 229 paragraph 1 point. a), b) or d) and § 229, paragraph 2, point. a) or b) decides whether or not to discontinue the proceedings, or a referral to the authority having jurisdiction belongs.

243f

(1) The appellate court decision is critical condition at the time of the contested decision, the Court of Appeals.

(2) The cessation of appellate proceedings or refusal appeal, which was filed late, which was filed by someone who is not entitled to appeal, or which has not been properly completed or corrected and extraordinary appeal proceedings can not continue for this lack, the presiding judge may decide appellate court or an authorized member of the Senate.

(3) In the preamble to the order which the appeal had been denied or which was stopped appellate proceedings, appeals court only briefly indicate why the appeal is delayed, or suffer from unacceptable defects that prevent the continuation of the extraordinary appeal proceedings, or why appellate proceedings had to be halted. If the appeal was rejected or if any appellate proceedings terminated, an order on costs appellate proceedings justified.

(4) The judgment of the appellate court decides if it rejects appeal against the judgment of the Court of Appeal or if changing or annulling the judgment of the Court of Appeals; otherwise decides by resolution.

243 g

Further course of the proceedings

(1) If the appellate Court invalidates the Appellate Court (Court of First Instance), it is also the case, the Court to which the case has been returned or forwarded for further proceedings, the provisions of § 226 applies here mutatis mutandis. Compensation for costs, including appellate proceedings, the court decides in a new decision on the matter.

(2) The legal relations of another party to the proceedings before the new can not be affected by the decision.

PART FIVE

Proceedings concerning matters decided by another authority

CHAPTER ONE

GENERAL PROVISIONS

§ 244

(1) Determined if the executive authority, the authority of the territorial self, body or professional self-interest, or arbitration body set up under a special law (hereinafter “the Authority”) in accordance with a special law on the dispute or any other legal matter that results from civil, labor, family and business relationships (§ 7 paragraph 1), and became the administrative authority’s decision final, the same can be consulted on the proposal in civil proceedings.

(2) The provisions of paragraph 1 shall not apply

a) decide if a dispute or other legal matter arbitrator or permanent arbitration court, 98)
b) if the decision of the administrative body because of objections or other equivalent action of a party made legal relationship before an administrative body under a special law repealed or expire,
c) referred to under a special law administration participants legal relationship with their claims to court. 99)

§ 245

Unless otherwise stated this section, mutatis mutandis enjoy the first-fourth of this Act.

CHAPTER TWO

ADMINISTRATION OF ACTION

§ 246

(1) The application is entitled to the one who claims to have been affected in his rights decision of an administrative body, which was his right or duty based, amended, revoked, or intended rejected. This proposal is called the action.

(2) The application must in addition to the general requirements for filing (§ 42 paragraph 4) contain a description of the parties, suit or other legal matter, on which the authority decided, and the decision of the administrative body, description of facts which indicate that the application is filed time data on what the plaintiff sees that the decision of the administrative authority, without prejudice to their rights, designation of evidence that should be before the court made, as well as to the extent to be a dispute or other legal matter dealt with by the court and determined, and how to dispute or any other legal matter decided by the court.

(3) The action the plaintiff shall attach a copy of the decision of the administrative authority and documentary evidence relied upon.

§ 247

(1) The application must be lodged within two months of receipt of the decision of the administrative authority. Failure to comply with this deadline may not be waived.

(2) The action is inadmissible if the plaintiff did not use in proceedings before administrative remedies properly or if it applied the proper remedies were administrative body for lateness discussed.

§ 248

(1) An action shall not suspend the legal validity or enforceability of the decision of the administrative authority.

(2) The court postponed at the request of the plaintiff

a) the enforcement of administrative decisions until the decision on the application, if, without delay enforcement administration threatened serious harm to the plaintiff,
b) the legal force of the decision of the administrative authority until the decision on the application, if the applicant is seriously threatened in their rights, and the delay is unreasonably affect rights acquired by third parties.

(3) Suspension of legal validity or enforceability of the administrative authority, the court’s own motion cancels once it is shown that there are no grounds for which it was authorized.

CHAPTER THREE

An action

Citizenship

§ 249

(1) Unless otherwise provided, it is at first instance the district courts.

(2) The county courts decide as courts of first instance in matters of investment real estate law. 100)

§ 250

(1) Unless otherwise provided, it is to control the local jurisdiction

a) a general court participant, or by whom the application to the administrative authority should be required to perform,
b) a general court participant on whose proposal proceedings were initiated before the administrative body, unless jurisdiction pursuant to letter a),
c) the court in whose jurisdiction the registered office of the administrative authority that the dispute or any other legal matter decided, unless jurisdiction under a) or b).

(2) related to the proceedings before the administrative body of the property, the management always locally relevant court in whose district the property.

§ 250a

Parties

(1) the parties are the plaintiff and those who were participants in the proceedings before the administrative authority.

(2) When the court finds that the proceedings not participate in someone who is referred to in paragraph 1 of its participant shall call him to order management. Against this order is not appealable.

Discussed action

§ 250b

(1) In an action are connected to a common control other actions that have been filed in the case, which the administration decided the same decision before the Court of First Instance ruled.

(2) In proceedings before the Court shall not be altered range of participants, what was there at the time of administrative decisions, this does not apply where there has been for the court proceedings to the process of succession (§ 107 and 107a).

(3) Proposal decided by the administrative authority shall in the course of proceedings before the court changed.

§ 250c

(1) In preparation for the hearing the presiding judge shall also request from the administrative authority the necessary files.

(2) A copy of the court action also delivers the administrative authority of a dispute or other legal matter decided, and allow him to get to the action in writing.

(3) The provisions of § 114b does not apply.

§ 250D

(1) A party may introduce relevant facts about the merits and identify evidence to prove them by the end of the preparatory meeting, or until the deadline, which had been granted to complete assertion of facts relevant to the case, to submit proposals to produce evidence or to meet other procedural obligations (§ 114C) or unless ordered and carried out the preparation of action until the end of the first act, in which the trial took place; later to the facts and evidence should be disregarded. This does not apply in the case of facts or evidence to be challenged the credibility of evidence made that occurred after the first meeting or the participant could no fault of their own time to state as well as the facts and evidence that participants said after he was one of the asked them to complete the relevant facts pursuant to § 118a paragraph 2

(2) The restriction in paragraph 1 shall not apply if the participants were not properly instructed in accordance with paragraph 5 § 114C or that, unless ordered and made preparation for the hearing, the court did not provide them with guidance on the obligations under paragraph 1 and the consequences of failure to meet these obligations at the latest summons to the first hearing in the case.

§ 250E

(1) The court is not bound by the facts, as identified by the administrative authority.

(2) The court may also take as its factual findings of the administrative authority. Possibility to repeat the evidence made before the administrative body is not affected.

§ 250f

Consult the court within the limits in which the plaintiff demanded arbitration proceedings or other legal matter in court. This range is not bound

a) if the administrative authority of the opening motion,
b) in the case of such common privileges or obligations that the decision should apply to all participants who are their bearers,
c) if a regulation of the manner of settlement of the legal relationship between the parties.

CHAPTER FOUR

THE ACTION

§ 250 g

(1) The Court rejects the claim,

a) if the request was late,
b) if made by someone who is not entitled to the application,
c) if the inadmissible.

(2) The decision referred to in paragraph 1 need not be a hearing.

§ 250h

(1) A party to which a proposal was brought before an administrative authority may take over the trial this proposal, in whole or in part.

(2) If the withdrawn proposal to be brought before an administrative authority, and agrees with the withdrawal of the proposal by the other parties, the court proceedings entirely, or to the extent the withdrawal of the stop. Negotiations need not prescribe.

(3) Stop if the court proceedings pursuant to paragraph 2, the decision of the administrative body loses effectiveness in the range in which the court decision affected. That result must be stated in the verdict decision to stop the proceedings.

§ 250i

The Court dismisses the appeal, comes to the conclusion that the administrative authority has decided that a dispute or other legal things right.

§ 250j

(1) Where it comes to the court concludes that the dispute or any other legal matter to be decided differently decided administrative body decides on the merits judgment.

(2) Judgment of the Court pursuant to paragraph 1 is replaced by administrative decisions to the extent to which the judgment of the court concerned. This effect must be included in the judgment.

§ 250k

Stops the court an action for reasons other than those listed in § 250h, or refuses to claim or reject the claim, the decision of the administrative body intact.

§ 250 l

When substituting the judgment at least in part the decision of the administrative authority (§ 250j paragraph 2) or ceases to have the decision of the administrative authority at least part of their efficiency (§ 250h, paragraph 3), the court again on costs, incurred in the proceedings before the administrative authority, if it was in this case the compensation decided.

§ 250 tons

The appeal against the decision to end the special protection and assistance under the special act 57a), the court shall decide within 30 days.

PART SIX

Enforcement

Head first

Regulation and the enforcement

Prerequisites enforcement

§ 251

(1) fails if the mandatory volunteer what he imposes an enforceable decision, and if the thing referred to in paragraph 2 may be eligible to file for judicial enforcement.

(2) The court directs and executes the decisions

a) the upbringing of minors,
b) unless the enforcement order which can be enforced under the Administrative Code or Tax Code,
c) If a motion to vacate the apartment or room with securing housing refund
d) the recognition of the common dwelling and nenavazování contacts with the claimant,
e) the European Community institutions 78a)
f) if the foreign judgment 58F).

(3) If a court petition for enforcement in other things than in the case referred to in paragraph 2, the court rejects the proposal.

§ 252

(1) Unless otherwise specified, is responsible for the regulation and the enforcement of, the activities of the court before ordering enforcement, and a declaration of assets compulsory general court.

(2) Unless the mandatory general court or general court is not in the Czech Republic, the regulation and the enforcement of the competent court in whose jurisdiction the property is mandatory, the case of enforcement seizures, the competent ordinary court or the bank another debtor of the debtor, or the court in whose jurisdiction the compulsory foreign debtor located in the Czech Republic, its business or branch of their company.

(3) Instead of a general court is mandatory for the application and execution of the decisions and activities of the court before execution by the competent court in whose jurisdiction the minor on the basis of the parents or a court decision, or other relevant facts of his residence, in the case of enforcement recovery of maintenance for the minor child.

(4) Instead of compulsory general court and the court referred to in paragraph 3 to the regulations and the enforcement of the competent court,

a) in whose jurisdiction the company (part of the enterprise), if enforcement is disabled enterprise;
b) in whose district the property it relates to the performance of the real estate decision, unless jurisdiction pursuant to letter a).

(5) The Court has jurisdiction under paragraph 3, after a final regulation enforcement for serious reasons to transfer their local jurisdiction on another court, if it is in the interest of the minor. If the court to which it has delegated that competence, disagrees with the transfer, submit the matter to determine if the issue of transfer of jurisdiction was not already committed to the Court of Appeal, his superior court, the decision of this court is bound by the court having jurisdiction transferred.

§ 253

(1) a decision rule, the court shall order without hearing the principal. Potential hearing shall be mandatory frustrate enforcement.

(2) The court shall conduct only if it considers it to be necessary or if so specified in the law.

§ 254

(1) The enforcement system applying the provisions of the preceding sections, if not in this Section. Decisions are not always resolution.

(2) A decision not to stay the proceedings for the reasons set out in Part III of this Act and waive the missed period. You also can not bring an action for recovery of enforcement; action for nullity may be made solely on the ground referred to in § 229 paragraph 4

(3) In the exercise of judgment, the Court provides participants and other persons involved in enforcement concerns, learning about their procedural rights and obligations.

(4) In the resolution, which the court ordered enforcement of the decision shall be given instruction on how not to appeal if given any facts relevant to the enforcement of Regulation, the appellate court rejects appeal.

(5) The appeal shall state the new facts and evidence. Against the writ of execution may be raised only those facts which are a measure of the material, the other appellate court disregarded the appeal and containing only such reasons refuses.

(6) The appeal shall state the new facts and evidence.

(7) Unless otherwise noted this section, the decision of the appeal brought against the decision, which was decided on a motion for enforcement of a decision on the proposal to suspend the execution of the decision on the proposal to suspend enforcement in accordance with § 268 paragraph 1 point. a) to f), in matters of enforcement of decisions concerning custody of minor children (§ 272 to 273a), the price of the property sold (§ 336A) or business (§ 338n) and the auction of hearing (§ 336B and 338o), it is the court of first grade canceled only in accordance with § 219a paragraph 1 Investigation or evidence which are needed to confirm or change the decision of the court of first instance, the appellate court shall either itself or through a court of first instance or the requested court.

(8) To consider an appeal hearing need not be ordered even if it is on appeal does not perform an investigation or inquiry, or if the Court of First Instance held in accordance with the law without a hearing, this does not apply if an appeal is lodged against a decision of the court of first instance issued regarding suspend enforcement in accordance with § 268 paragraph 1 point. g) and h).

Parties

§ 255

(1) Participants in the exercise of management decisions are legitimate and obligatory.

(2) If ordered enforcement affected things or rights belonging to the joint property of the spouses is a party to the proceedings in respect of such property, the husband of the debtor.

(3) The husband is a mandatory party also if they are to pry commitment, which belongs to the joint marital property, ordered enforcement affected property values husband mandatory (§ 262a paragraph 3).

§ 256

(1) An appeal other than who is identified as mandatory decision or the benefit of another, than who is identified as a legitimate decision, to order and carry out the decision only if it is shown that it passed obligation or right of decision .

(2) Transfer of obligations or rights can be established only document issued or certified by a state authority or a notary, 76), if not directly from the legislation.

Ways of enforcement

§ 257

Order and carry out the decisions can only means provided for in this Act.

§ 258

(1) a decision imposing the payment of a sum of money can make deductions from wages, seizures, management of property, sale of movable and immovable property, business people and the establishment of a judicial lien on the property.

(2) a decision imposing an obligation other than the payment of a sum of money is governed by the nature of the obligations imposed. It can do the clearing, removing things, the distribution of common things, performing works and performances.

(3) Enforcement sales collateral for secured debt can make the sale of the pledged movable and immovable assets, the mass of things, file things and flats or commercial premises owned by a special law, commandments pledged monetary receivables and other disabilities mortgaged property rights.

Activity of the court before ordering enforcement

§ 259

If so requested by the Authority before submitting the proposal to the enforcement or administration of this proposal, and if it considers it expedient for the President of the Chamber, compulsory summons and invites him to voluntarily comply with the obligation imposed on it by the decision.

§ 260

(1) In the case of recovery of maintenance for the minor child, the court shall give the request of a party to help determine whether the resident to whom the reference obligation. The Court acting in conjunction with other government bodies.

(2) At the request of the party to which the decision grants the right to payment of a sum of money, the court will ask the person to whom the payment of a sum of money saved whether and from whom he receives wages or other regular income, or at the bank, branch of a foreign bank or savings and credit union 77), electronic money institutions, foreign electronic money institutions, electronic money issuer of small-scale, payment institutions, foreign credit institution or a payment service provider of small-scale (hereinafter referred to as “financial institution”) has its accounts and what are the numbers of such accounts or other unique identifiers 77a).

(3) Respondent court is obliged to respond within one week of receipt of the query. Fails to fulfill this obligation or indicate if in answer false or incomplete information, the court may impose a disciplinary penalty (§ 53).

Declaration of assets

§ 260a

(1) Who has the enforceable judgment granted monetary claim, the court before the application of enforcement suggest that mandatory summoned and invited him to the asset declarations.

(2) If the required legal capacity in full or if the mandatory community, higher local government unit or entity, identify eligible persons as possible to be summoned (§ 260C).

§ 260b

(1) The court for a declaration of assets will pass only join if authorized to draft documents certifying that his claim was not or could not even be using the court under § 260 satisfied enforcement seizures of insurance account at a financial institution, a copy of decisions bearing certificate of enforceability, or other document required for regulation enforcement, copy of the decision is not to be connected, if the application is made to the court which decided the matter as the court of first instance.

(2) An application for a declaration of assets can not be met,

a) there is an ongoing insolvency proceedings, which solves the insolvency or impending bankruptcy compulsory 53c) and the duration of the effects of the moratorium on property of the debtor,
b) if the compulsory sequestration by a special law.

§ 260C

(1) If the required legal capacity in full, instead of mandatory court summons his guardian.

(2) If a mandatory municipality or higher territorial self-governing unit, court summons to the person to whom belongs under a special law to represent them externally.

(3) If a legal person, the court shall summon the person who is its statutory authority, exercised the powers of a statutory body more persons together, court summons to any of them. If a statutory body consists of more than one person, the court shall summon the President, if not it may well be possible to call every member of this body who is authorized to act on behalf of a legal entity. For legal entities in liquidation court summons liquidator.

(4) A person who was the declaration of assets summoned, he is obliged to appear before the court in person.

§ 260D

(1) The request for a declaration of assets must include the purpose of the interview and learning about the consequences if the statement is rejected or if it will be a false or grossly distorted data. 78) If the court deems appropriate, invite the debtor’s legal representative or the person making a statement for the community, the higher the local government unit or legal entity (hereinafter referred to as “summoned”) to submit a list of the debtor’s assets including the information specified in § 260e paragraph . 2, or also deeds the property.

(2) The summons shall be served předvolanému into their own hands. The summons shall be served at least ten days prior to the date of the hearing.

(3) If the person who was taken to court duly summoned early and without reasonable excuse, will be presented to the court, notice must be summoned instructed.

§ 260e

(1) Before questioning prompts summoned to court to state his full and true information about the debtor’s assets, and re-learn the consequences of non-compliance and the consequences of denial statement. 78)

(2) The declaration of assets is summoned must indicate

a) the payer of wages or other income punishable deductions from wages and the amount of the claim,
b) financial institutions, for which the accounts, the amount of receivables and account numbers or other unique identifiers 77a)
c) borrowers, which has other monetary claims, reason and amount of those claims,
d) persons to whom a other proprietary rights or property values, their purpose and value (§ 320),
e) movable assets (ownership share there) compulsory and where, or by whom they are, as are the documents referred to in § 334 and the securities referred to in § 334a,
f) real estate (ownership share to) the debtor,
g) the company and its mandatory part and where it is located.

(3) A statement of assets pursuant to paragraph 2 of Protocol court shall make a list of assets that provide summoned, annexed to the Protocol if summoned declares that contains the complete and truthful information, or if this list is added to the log. The protocol shall also state the content of instructions provided by the court (paragraph 1) and summoned an explicit statement that said in a statement only complete and true information about the debtor’s assets. Protocol signed by the judge and clerk summoned.

(4) Acts court under this provision may be made only by a judge.

§ 260f

(1) The court shall notify summoned to questioning legitimate, authorized předvolanému can ask questions without the consent of the court.

(2) Everyone has the enforceable judgment against the debtor granted a financial asset, it can access to file a declaration of the debtor’s assets and make fun of him extracts and copies.

§ 260 g

(1) The court shall refrain from declarations of assets, if required prior to commencement of the hearing shows that the claim legitimate fulfilled (satisfied) or if authorized married before starting questioning its proposal.

(2) declares a justified during questioning, that does not insist that featured summoned other property of the debtor, the court summoned the questioning does not continue, in the log indicating only the property of the debtor, who summoned stated in the declaration of the creditor.

(3) He has made the compulsory declaration of assets during the six months before the application (§ 260a paragraph 1), the court shall invite the new statutory statement only if it appears that the financial circumstances have changed insurance, this does not apply if was summoned to interrogation terminated pursuant to paragraph 2

§ 260h

Statutory legal acts relating to his property, which did after being served with a summons to předvolanému asset declarations (§ 260D) are authorized to be ineffective.

Regulation enforcement

§ 261

(1) A judgment may be ordered only on the proposal of the creditor. The application for the enforcement of legitimate social security number of the debtor, if he knows. In an application for enforcement of the decision imposing the payment of a sum of money of legitimate how enforcement is to be carried out. Proposed to legitimate enforcement deductions from wages, marks in the draft, against whom the debtor is entitled to wages (wage payer). Proposed to legitimate enforcement seizures of bank accounts, marks in the draft financial institution and account number or other unique identifier 77a), which is to be written off; marks the legitimate multiple accounts with the same statutory financial institution, indicate the the order of them to be written off. Proposed to legitimate enforcement commandments other monetary claims, the proposal marks a person against whom a claim is compulsory (mandatory debtor), and state the reason for the claim.

(2) The application for enforcement must be accompanied by a copy of the decision, provided with confirmation of its enforceability. Confirmation of enforceability shall affix the court decision that ruled on the matter as the court of first instance. A copy of the decision is not to be connected, if the enforcement of a decision given by the court that the matter had been brought as a court of first instance.

(3) If the authorized enforcement of a decision by the court that the matter had been brought as a court of first instance, the court confirms the enforceability of the decision on the proposal, and if it is not itself responsible for the enforcement of judgments, refer the application to the competent court.

(4) The decision of the Council, the Commission or the Court of Justice of the European Communities (hereinafter referred to as “the decisions of the European Communities”) imposing an obligation to payments shall include, in accordance with the laws of the European Communities 78a) clause on its enforcement authority designated by government decree.

§ 261a

(1) Enforcement may be ordered only if it contains decisions and mandatory labeling authorized persons, defining the scope and content of the obligations, the fulfillment of the performance of the proposed decision, and a deadline to meet the obligation.

(2) Unless the court decision a deadline to fulfill its obligation, it shall be deemed that the obligations imposed by a decision must be met within three days and, in case of eviction, within fifteen days of the decision.

(3) If, pursuant to the decision to fulfill the obligation of mandatory and more if it is a divisible transaction, the obligations, unless otherwise decisions are bound to meet all statutory equally.

(4) The provisions of paragraphs 1 to 3 shall not apply in the case of a writ of sale of collateral. The performance of this decision may be ordered if it contains a designation is warranted and obliged person, and the amount of collateral the secured claim and its accessories.

§ 262

(1) If this is what the decision imposes compulsory, subject to fulfillment of the condition or the fulfillment of mutual obligations authorized, enforcement may be ordered only if the person entitled proves that the condition is met or themselves their mutual obligation to the debtor no longer fulfilled, or is prepared to meet.

(2) In the cases referred to in paragraph 1 shall be subject to confirmation of enforceability attach documents issued or certified by a state authority or a notary 78), from which it is apparent that the condition is fulfilled or that the legitimate fulfill their mutual obligation, or is prepared to meet .

§ 262a

(1) Enforcement of property belonging to the joint property of spouses may be ordered also occurs in the case of extraction of the obligation that arose during the marriage to only one spouse. The property belonging to the joint property of the debtor and his spouse for the purposes of enforcement also considered assets that do not form part of marital property just because the contract was narrowed statutory range of marital property or that the contract prior to the formation of joint property upon termination marriage. 79)

(2) A decision shall be disregarded to the contract, which was narrowed down the scope of the statutory joint property of the estate, which belonged to the joint property at the time of recovery. The same is true, if the statutory range of marital contract extended to property insurance, which did not belong to the joint property at the time of recovery.

(3) Enforcement deductions from wages or other income spouse compulsory, compulsory seizures husband’s account at a financial institution and directing other monetary claims husband’s disability insurance or other proprietary rights of the husband may be ordered if mandatory in the case of extraction of the obligation that is the joint property of spouses. Provisions of Title II and the third is used appropriately.

§ 263

(1) Enforcement may be ordered only to the extent justified what he suggested, according to which the decision is enough to his satisfaction.

(2) The proposal, if authorized to pry its receivables enforcement in several ways at the same time, though it would seem he could satisfy only one of them, the court enforcement only in a way that is sufficient to satisfy the claim of the creditor.

(3) If the decision is performed in which the creditor entitled to the benefit recurring enforcement and if deductions from wages are not enough to pay these benefits, you can order the enforcement by other means of enforcement to the extent the total of these transactions, and in the case of benefits for an indefinite period, then to the extent of five times the annual performance. Lawful court benefits are paid as soon as they become payable.

§ 264

(1) proposes a justified enforcement in a way that is obviously inappropriate, particularly given the disproportionate amount of the debt authorized and prices subject, which is to be achieved satisfaction of the claim, the court may order, after hearing entitled, another appropriate enforcement manner.

(2) The court shall reject the application for enforcement if it is already clear from the proposal that the proceeds which would have been achieved, or not sufficient to cover the costs of enforcement.

The enforcement

§ 265

(1) After the enforcement of the court to take care of its implementation.

(2) The individual steps in the implementation of enforcement may be a court employee (executor), if so provided by law or special legislation, or to assign it to the President of the Chamber, in its activities are governed by instructions of the President of the Senate. Refrain from further implementation of enforcement without an order of the presiding judge may executor only when authorized agree or she fulfills the mandatory voluntarily, what he saves decisions.

(3) if necessary, to the executor in respect of any action for enforcement filed a complaint or other document instituting the proceedings before a court or other authority to do so on behalf of the state.

§ 266

(1) At the request of the court may postpone the execution of decisions where required no fault of their own found themselves temporarily in such a position that the immediate execution of the decision could have for him or for his family members especially adverse consequences and would not be justified suspending the decision seriously damaged .

(2) Even without insurance proposal, the court may postpone the enforcement of it can be expected that enforcement will be stopped (§ 268).

§ 267

(1) The right to property, which does not allow enforcement of a decision can be made against the legitimate proposal for the withdrawal of assets from enforcement of decisions in proceedings under Part Three of this Act.

(2) Similarly, in accordance with paragraph 1 shall apply, if the ordered execution of the decision affected property belonging to the joint marital property, or which shall be considered part of marital property (§ 262a paragraph 1), but the commitment was enforced during the marriage only one of spouses when using property

a) pursuant to a statutory narrowing the scope of marital property or pursuant to a reservation of community property on dissolution of marriage 79) belonged to the joint marital property, and was authorized at the time the claims to be recovered known content of the contract,
b) belonged exclusively mandatory because it acquired before marriage, inheritance, gift, for property belonging to his exclusive property or to the rules on restitution of property that was owned prior to the marriage or that it was issued as a legal successor of the original owner, or that are by their nature only his personal needs.

(3) Similarly, in accordance with paragraph 1 shall apply, if the ordered execution of the decision affected property belonging exclusively husband mandatory because it acquired before marriage, inheritance, gift, for property belonging to his exclusive property or to the rules on restitution of property that was owned before marriage or that it was issued as a legal successor of the original owner, or that are by their nature only his personal needs.

§ 267a

(1) according to the third part of the proposal should apply to the denial of the authenticity of the creditor, the amount, group, or order some of the claims registered for the distribution of proceeds or otherwise uspokojovaných in enforcement, where enforcement was ordered deductions from wages, seizures or other rights or sale of movable property, management or sale of real estate or business people. If it is not a matter within the jurisdiction of the court (§ 7 para 1) decide on the authenticity or the amount receivable or other competent administrative authority.

(2) A decision on a proposal under paragraph 1 is effective against all authorized against other creditors of the debtor, who participate in proceedings for enforcement and against compulsory.

267B

Enforcement of property payment institutions, foreign credit institutions, payment service provider of small-scale, cross-border payment service provider of small-scale, electronic money institutions, foreign electronic money institutions, electronic money issuer or foreign small-scale electronic money issuers are not subject to small-scale funds that users of payment services to those persons entrusted the execution of payment transactions, or cash, to whose adoption was issued electronic money or assets to these people as the funds gained 79a).

Suspend enforcement

§ 268

(1) Enforcement will be stopped if the

a) was enacted, although a decision has not yet become enforceable;
b) a decision that is the basis of performance, was canceled after the writ of execution or become ineffective;
c) suspend enforcement suggested that, who designed his orders;
d) enforcement affects things that are of him under § 321 and 322 excluded;
e) the course of enforcement the proceeds, which it will be achieved, or not enough to cover its costs;
f) it was finally decided that enforcement affects assets that someone has insusceptible law enforcement (§ 267);
g) after the decision has expired right granted to it, if it was granted the right to a judgment by default will be enforcement stopped even if the law expired before this judgment;
h) the execution of the decision is inadmissible, because there is another reason for the decision can not be enforced.

(2) Enforcement will also be stopped if made compulsory pecuniary claim of recovery legitimate deduction determined by special regulations 35a) and took that amount to the competent authority, to the extent that that amount was required to perform.

(3) Enforcement sale of collateral will also be stopped if the lien has expired.

(4) If the enforcement ordered one of the reasons stopping only partially or where enforcement is enacted in the broader scope than what is sufficient to satisfy the creditor, enforcement will be partially stopped.

§ 269

(1) Regulation enforcement stops the court, upon application or its own motion.

(2) In the cases referred to in § 268 paragraph 1 point. g) and h) are usually decided after the previous meeting.

(3) The reason suspend enforcement can not be enforced, that the circumstances governing the amount and duration of benefits or payments (§ 163 paragraph 1).

Costs of enforcement

§ 270

(1) Along with the regulation enforcement saves the court the duty to reimburse the costs of enforcement, without setting a deadline for their payment. Regulation enforcement also applies to these costs.

(2) An authorized person is entitled to compensation for all practical costs of enforcement.

(3) The costs of the enforcement of the state. The state has in matters of enforcement of decisions concerning custody of minor children against compulsory right to compensation rewards mediator for the first meeting you paid, if u are not mandatory for exemption from court fees. A right for which the conditions for exemption from court fees, the court may impose on the down payment on the cost of the enforcement, otherwise court enforcement stops.

(4) To pay the costs of enforcement shall apply the provisions of § 147 to 150

§ 271

When ordered to stop the execution, the court decides on the reimbursement of costs for the participants carrying out enforcement incurred, depending on the reason for suspension of enforcement occurred. It can also cancel yet issued a decision on the costs of performance or save authorized to give back what he required the enforcement costs already paid.

Enforcement of decisions concerning custody of minor children

§ 272

(1) The provisions of § 252-269 shall not apply in the case of enforcement or approved agreement concerning custody of minor children and to the adjustment in contact with them or about the execution of a return of the child, about the participants, the provisions of § 94 paragraph 1 sentence first.

(2) If the court finds special reasons, or if it is not he who does not fulfill legal decision or court approved agreement on the upbringing of minors and the right of access to them, or the decision to return a child in the decision or agreement informed about the consequences of non-compliance with the obligations, invite him to a judgment or court approved agreement filled, and instruct him about the possibility of storing enforcement fines or imprisonment of a child.

(3) The court may also request the competent authority of socio-legal protection of children, to lead to voluntary compliance mandatory judicial decision or court approved agreement on the upbringing of minors and the right of access to them, or the decision to return the child, without the need to impose enforceable.

§ 273

(1) The court shall impose a fine enforcement against those who fail to comply voluntarily judgment or court approved agreement on the upbringing of minors, or adjusting the contact with them, or the decision to return the child. Enforcement of the decision imposing a fine may be ordered again, only if appropriate, the amount of each fine shall not exceed 50 000 CZK. Fines accrue state court records and sum recovered fines.

(2) If appropriate, the court may

a) the person who fails to comply voluntarily judgment or court approved agreement on the upbringing of minors, or adjusting the contact with them, or the decision to return a child to enact the first meeting with the mediator in the range of 3 hours,
b) if there are no conditions for change decision under § 163, paragraph 2, to determine mode navykacího plan (the “Plan”), if it is in the interest of the child. The plan shall be determined so as to allow gradual contact of the child with the person authorized to come into contact with him. Rule, the court before the planning affix an expert opinion on the appropriateness, content, scope and duration. Performance monitoring plan fulfillment court shall instruct the appropriate person or device if the court does not exercise control directly. If the court finds the plan breaches any of the parties, which affects the purpose navykacího mode or reaches to the conclusion that navykací regime has failed to fulfill its purpose, the plan canceled and proceed to enforcement in accordance with paragraph 3

(3) remains the procedure of the court pursuant to paragraphs 1 and 2 unsuccessful, the court enforcement custodial child against whom the judgment or by agreement not to be, and its transmission to anyone who was, according to the decision or agreement entrusted or to be returned, or those to whom a decision or agreement shall grant the right of access for a limited time.

(4) At the request of the legal representative or guardian of a minor at the discretion of the court to draw funds to reimburse costs incurred and proved, if it serves to meet the essential needs of the child, and up to the amount recovered fines, which are reported under paragraph 1 Court outflows representatives minor child not be granted in cases where the person who was ordered to comply with a judgment or court approved agreement on the upbringing of minors and the right of access to them, or the decision to return the child, decision or agreement fails to comply voluntarily.

(5) The enforcement decision under paragraph 3 shall be binding for everyone. The court will be performed in collaboration with the relevant government authorities.

(6) If required by the enforcement of custodial child is the one who executes, entitled to make a tour of the apartment and other rooms of the statutory or other person if it is possible to assume that the child is in them for that purpose is authorized to employ have access to the apartment and other rooms statutory or other persons. Persons under the first sentence shall be obliged to grant such access.

(7) The enforcement of a judgment or court approved agreement on the upbringing of minors and the right of access to them, or the decision to return the child is competent tribunal referred to in § 88 point. c) in the case of enforcement for the return of the child in cases of international child abduction under an international agreement, which is part of the law of 62 grams), or a directly applicable European Communities regulation 62H), that court referred to in § 88 point. p).

§ 273a

(1) If a court-ordered injunction, that minor child was handed over to a suitable environment (§ 76a), ensuring at the same time its immediate performance.

(2) a decision shall be made by the court in conjunction with the competent national authorities of the minor child shall transmit to the appropriate environment, if the child is in another person or in a facility, they will be for placement in a suitable environment withdrawn. The provisions of § 272, paragraph 2 and 3 and § 273 paragraph 1 to 5 and 7 shall apply.

(3) The competent to exercise this court’s decision, which ordered an interim measure. The provisions of § 76a, paragraph 3 shall apply mutatis mutandis.

§ 273b

Enforcement of the expulsion from the common dwelling

nenavazování and contacts with legitimate

(1) If the court-ordered interim measures pursuant to § 76b paragraph 1, the execution of the decision shall forthwith always first instance court.

(2) a decision shall be made by the court in conjunction with the relevant government authorities recognized insurance from a common dwelling, it removes all the keys from the common dwelling, which required hold, and prohibits him or meet with a person designated or otherwise contact you. The court will also provide an opportunity to the debtor to immediately pick up the enforcement of the common dwelling of his personal valuables and personal documents, as well as things that serve his personal needs, during the duration of provisional measures pursuant to § 76b then mandatory to pick up the things necessary to perform its business or professional activities or things necessary for other serious reasons.

(3) In the enforcement of compulsory court also asks the court with an address to which it will be possible for the duration of the preliminary measures to deliver documents, or to choose a representative to deliver documents and warns him that his papers will be delivered at saving court if the call fails to comply within a specified period. Mandatory court at the same time warns of the consequences of non-compliance with the obligations set out in the provisional measures pursuant to § 76b.

(4) Unless required when enforcement is present, provide the court at his request within the time period specified in § 76b paragraph 4 opportunity to pick from common household objects referred to in paragraph 2 Of this right shall notify the court of compulsory left by the door of the common dwelling.

(5) Should the mandatory after the enforcement of the obligation under paragraph 2 shall not enter into a common dwelling and Isolate him, the court at any time and without delay to the proposal will re-authorized by removing the compulsory enforcement of the common dwelling.

(6) Should the statutory obligation not to enter into the immediate vicinity of the dwelling or common legal and Isolate it, or to refrain from engaging with the claimant, or to refrain from unwanted surveillance and harassment by any legitimate means, the court shall order the proposal authorized enforcement pursuant to § 351st

(7) The competent to carry out the decision referred to in paragraph 1, the court ordered an interim measure.

Application of the enforcement

§ 274

(1) The provisions of § 251-271 shall apply with the exception of § 261, paragraph 2 and 3, to performance

a) enforceable decisions of courts and other bodies active in criminal proceedings if they grant the right or affecting the property;
b) the enforcement of court decisions in administrative law,
c) enforceable decisions of arbitration commissions and settlements approved by them;
d) state notary enforceable decisions and agreements approved by them;
e) notarial records with consent to enforceability drawn up by a special Act 80);
f) the enforcement decision and other enforcement orders of public authorities;
g) decisions of the European Communities; 78a)
h) other enforceable decisions, approved settlements and documents whose judicial power permitted by law.

(2) The provisions of § 337 to 337h shall apply to the management needs of a distribution of the proceeds of the tax execution 80a) pursuant to the tax proposal.

§ 275

(1) A statement of enforceability affix decision or other enforcement order by the institution that issued it, the settlements and agreements, then the institution that is approved.

(2) The court is always entitled to a Regulation enforcement to verify the accuracy confirmation of enforceability of Enforceable.

(3) Before stopping the enforcement court in cases under § 274 generally seek express authority which issued the decision or other enforceable title or approved settlement or agreement whose performance goes.

Title Two

Deductions from wages

Range of precipitation

§ 276

Deductions from wages can be made only to the amount of enforcement claims to be recovered with accessories.

§ 277

(1) haircuts are made from the net wage, which is calculated by subtracting from the payroll tax advance income tax withheld on income from dependent activities and functional benefits, the pension savings, insurance and social security contributions to the state employment policy for public health insurance (hereinafter referred to as “deductions”). Withheld amounts shall be calculated in accordance with the conditions and rates of insurance in the month for which the net wage is calculated.

(2) The net wages are included and net pay for an extra activity, the employee performs at it, with whom is employed. It does not, however, in the amounts provided for reimbursement of costs associated with job performance, especially during business trips.

§ 278

Debtor may not be deducted from the monthly basic salary amount; methods of calculation by the Government of the Czech Republic (hereinafter referred to as “unseizable amount”).

§ 279

(1) The net wages that remains after deducting unseizable amount and which shall be rounded down to a multiple of three, and the amount expressed in whole crowns, can be put to pry legitimate claim only one-third. For priority claims referred to in paragraph 2 collide two thirds. Preferential claims shall be satisfied first from the second period and only if there is insufficient this third of their pay, satisfy, along with other claims of the first period.

(2) The priority claims are

a) maintenance claim;
b) claims for damages due to bodily injury to the victim;
c) claims for damages caused by intentional crimes;
d) claims, taxes, fees and other similar monetary benefits,
e) claims for refunds of overpayments sickness insurance, pension and retirement plans,
f) claims for social security and contribution to the state employment policy premiums and claims on public health insurance,
g) claims compensation for child maintenance and a contribution to the needs of the child entrusted into foster care,
h) claims refund overpayments on unemployment benefits and support for retraining;
i) claims refund overpayments on state social support,
j) claims of recourse under the Act on Sickness Insurance
k) claims compensation for wages, salary or bonuses and reduced pay or reduced pay, provided during the first 14 calendar days from 1 January 2012 to 31 December 2013 for the first 21 calendar days of temporary incapacity or quarantine.

(3) The Government of the Czech Republic by the amount of rest you collide net earnings calculated under paragraph 1 first sentence without restriction. So ascertained fully attachable net wages of the rest of the second period and added to the rest of the net wages to the extent that is needed to satisfy preferential claims, the remainder is added to the first period.

§ 280

(1) If the wages paid to pry conducted several claims satisfy the individual claims of the rest of the first third of the net wages according to their order, regardless of whether the preferential claims or other claims.

(2) In case under § 279 paragraph 1 to the collisions of the second third of the rest of the net wage, satisfies from it without regard to the order of maintenance claim first and then in turn (paragraph 3) other preferential claims. Is not enough if the amount deducted from the second period to satisfy all claims; satisfy the first regular nutritious of all eligible and then the arrears for the previous period, according to the ratio of normal maintenance. If it was not the amount withheld from the second period covered by routine maintenance of all eligible divide it between them, the amount deducted from the second period in proportion to the amount of regular maintenance regardless of the amount of arrears.

(3) Order receivables are governed date on which the taxpayer received wages regulation enforcement. It was when he delivered the same day of enforcement for several claims, these claims have the same order, is not enough if the amount attributable to them to their full satisfaction, quite satisfied with.

§ 281

Make deductions from wages to a greater extent than the time the provisions of this Act, is inadmissible, even though with the mandatory consent.

Regulation and implementation of precipitation

§ 282

(1) The enforcement of court orders payers pay for after that, when he received the writ of execution, carried out by compulsory payroll deductions and set spanked withheld amount prescribed.

(2) The court shall deliver to execute a judgment creditor, debtor, and taxpayer wages. Mandatory wage payers and delivers them into your hands.

(3) Compulsory loses on the date the taxpayer received salary of enforcement of a decision or resolution containing the notice to execute a judgment (§ 294 paragraph 3), the right to the payment of wages, which corresponds to the amount of precipitation.

§ 283

The coming into force of law enforcement powers, the court shall notify the payer’s wages, which is then obliged to pay the authorized amount withheld from the wages of the debtor.

§ 284

(1) The payer payroll deductions cease to have effect when the claim is legitimate satisfied (§ 276).

(2) If the decision is performed in which the creditor entitled to the recurring benefits, Regulation and Enforcement to benefits that become payable only in the future. The same is true, if the decision to pay a mandatory sum of money in installments.

(3) If, during the execution of any such amendment of the judgment under § 163, which depends in increased maintenance, Regulation and Enforcement on all amounts increased maintenance, increased alimony has the same order as the rest of the claims.

§ 285

(1) Where the payer pays salaries monthly salary twice (as a backup and billing) can make reasonable deductions from the deposit already mandatory. Authorized payment of precipitation will not always up to the end of the month.

(2) If the enforcement of wage payers served until after it had already been part of the mandatory monthly wages paid, no account shall be made for payment and deductions shall be made as if it was mandatory for the whole month right at a wage that he still was not paid.

§ 286

If there is an outstanding payment of wages for several months at a time, you need to calculate deductions for each month in particular.

§ 287

(1) agrees to be entitled to compulsory, that is fine with lower rainfall than that set forth in § 277-280, and notify the court that both, prompt payer pay court to throw her from wages only mandatory monthly amount with which authorized satisfied, if not exceed this amount in the appropriate pay period allowable amount of precipitation under this Act. If it exceeds, the payer will pay in the relevant pay period deductions only to the extent permitted by the provisions of § 277 to 280

(2) An authorized person may at any time notify the court that his consent to the implementation of reduced precipitation in paragraph 1 refers. The court shall inform the debtor and the wage payer.

(3) The court challenge to the implementation of reduced precipitation shall expire on the date the taxpayer received additional wages of enforcement of compulsory deductions from wages or notify the court that authorized revoked his consent to the implementation of reduced precipitation. From this day payer payroll deductions made under the former regulation enforcement in full.

§ 288

If so requested by the payer payroll, authorized or required, the court shall determine what amount should be in the appropriate pay period payroll deducted insurance, and if more legitimate, much of it falls on each of them.

Postponement and suspension of enforcement

§ 289

(1) If permitted by the court suspend enforcement in accordance with § 266, paragraph 1, the payer does not pay payroll statutory deductions from the day when it was delivered to a resolution on granting deferment, until he served with the court order in precipitation continued.

(2) If permitted by the court suspend enforcement in accordance with § 266 paragraph 2 to the taxpayer payroll deductions on, but does not pay is authorized, a stay of execution until canceled. Stops a court enforcement payer pays wages withheld amount prescribed.

§ 290

(1) The court stopped the proposal from the wage payer or mandated enforcement of compulsory deductions from wages, if required for one year receives no salary at all or at least at a level that it could be carried precipitation.

(2) On application by the debtor, the court may stop mandated enforcement deductions from wages, if precipitation is carried out only for routine maintenance and we can assume that the mandatory due to their behavior and relative to carry out maintenance work will continue voluntarily.

Payment made by chance

§ 291

(1) the amount withheld payer pays wages directly authorized. But if it be made by precipitation satisfied number of claims, the payer may send payroll deductions court which allocates between legitimate and he will pay. Wage payer is obliged to send the amount withheld Court if he, at the request of a legitimate court order.

(2) the amount withheld wage payer is obliged to pay the creditor, even though he has a pecuniary claim against him, which would otherwise be counted.

§ 292

If the taxpayer fails to pay the compulsory deductions from wages due and timely manner, if performed in less than the specified range or does not pay the deductions authorized immediately after that, when he was served with notice that the performance of decision became final and reached the next month amount of wages, may be entitled to apply to taxpayers pay the court the right to payment of amounts to be withheld from wages mandatory.

Changing wage payer

§ 293

(1) Whenever the enforcement regulation after wage payer, Regulation enforcement deductions from wages to pay for the new mandatory wage payer.

(2) A change in the wage payer considers the payment of benefits under a special law district Social Security Administration. If the new wage payer received from prior payer payroll documents necessary for the enforcement of payroll deductions, § 294 shall not apply. The provisions of § 295 does not apply.

(3) The obligation to make deductions creates new taxpayers already pay on the date of the insurance or the current wage payer learns that the court ordered enforcement of compulsory deductions from wages and for which the claim; know if the new circumstances of these wage payer has earlier, there is such duty day when he delivered them a resolution under § 294 paragraph 3 The order obtained by the legitimate claim under § 280, paragraph 3, it remains preserved in the new wage payer.

(4) There is a change in the payer under paragraph 2 during the calendar month unseizable credited the full amount, or at a lower rate, the amount does not pay the amount unseizable amount, the current wage payer.

(5) If the current wage payer wages reached above unseizable amount, the new wage payer under paragraph 2 shall be credited to the wage (sickness insurance) insurance in the calendar month an amount equal to the difference between what the wage payer counted so far in the calendar month and unseizable amount. The current wage payer is obliged to actually announce the new wage payers by the end of the calendar month in which there is a change in wage payer.

§ 294

(1) A person who accepts an employee to work, is obliged to seek from him a certificate issued by the who last worked, whether enforcement was ordered deductions from his salary, which the court in whose favor. Such confirmation is required every employer to give the employee who stopped working with him, it similarly applies to other payer of income (§ 299), from which were deducted if their application has been completed, although the claim is not satisfied.

(2) If the person with whom he joined the newly required to work that was enacted enforcement deductions from his salary, it shall advise the court that ordered the performance.

(3) the Court, with whom he joined the newly required to work, delivered into the hands of a resolution in which it shall notify the enforcement of deductions from wages, acquainted him with the course of enforcement, especially with the amount of precipitation carried out so far, indicating how high is receivable for which deductions are to be further implemented, and what is its order; invite him to the day on which he will be a resolution under this paragraph served in compulsory deductions from wages continued, and warns him of all his duties in the exercise of decision deductions from wages.

§ 295

(1) stopped if required to work at the current wage payer must report it within one week of the court which ordered the enforcement deductions from wages. Within one week of mandatory court must also announce that he got a job at another wage payer.

(2) wage payer must notify the court within one week, says that he stopped working mandatory. Court shall also send a bill precipitation, which made compulsory payroll and pay the claimant, and shall notify the court, for which claims were directed enforcement deductions from wages and what order these claims.

§ 296

(1) Should any wage payer requirement specified in § 294 paragraph 1 and 2, or § 295, paragraph 2, the creditor may demand that his wage payer paid amounts that would have been entitled if he were the wage payer obligations fulfilled.

(2) For the infringement referred to in § 294 and 295, the court may impose compulsory and taxpayers pay a disciplinary fine (§ 53).

Several payers wages

§ 297

(1) receives the statutory wage from several payers wages, Regulation enforcement on all of his wages.

(2) Deductions from wages each wage payer must carry the date on which it was served writ of enforcement.

(3) succeeds if required to work, without leaving the current wage payer shall apply mutatis mutandis the provisions of § 293, 294 and 296th

§ 298

(1) If the court orders the implementation of wage deductions few taxpayers pay, identify them individually, as part unseizable amount not precipitate. If income was below the statutory wage payer or a specified part unseizable amount, the payer must notify payroll to court. The court will determine what part unseizable amount each taxpayer to deduct wages. The court may also determine, especially if carried out deductions only for routine maintenance that is performed only one of the taxpayers to pay and others in making deductions has not continued.

(2) If several payers payroll deductions at the same time, always send the crash court. The court will examine whether the total amount deducted does not exceed the authorized claim. If it does not exceed, the amount deducted shall pay all legitimate. Given if it is worth the amount withheld from the court authorized only what corresponds to his claim, and the rest returned principal.

Deductions from other income

§ 299

(1) The provisions on enforcement deductions from wages shall also apply to the enforcement of deductions from salary, the remuneration of the work, the rewards for work or business emergency, the remuneration of members of representative bodies of local self-government units and state social benefits and foster care that are paid once. Precipitation is also made from the income that the debtor shall pay or are provided next to it, which are

a) wage compensation,
b) sickness 80b)
c) maternity 80b)
d) pensions
e) grants,
f) unemployment benefits and retraining,
g) compensation, or similar services provided in connection with the termination of employment,
h) monetary compensation fidelity or stabilizing nature provided in connection with employment,
i) Injury supplement, accident compensation and Traumatology rent 80c).

(2) In the case of enforcement deductions on income of physical persons who pay the pension costs of staying in a nursing home is not subject to enforcement amount needed to cover the stay and the amount equal to the amount of pocket money in that department. Enforcement regarding social welfare benefits and foster care who are not paid a lump sum, you can not seizures.

§ 300

repealed by Law No. 264/2006 Coll.

§ 301

If the provisions on enforcement deductions from wages talking about taxpayers pay, subject to the relevant provisions of law, and also the natural person to whom the debtor is entitled to any income referred to in § 299th

§ 302

(1) If a mandatory addition to the right to wages and the right to other income referred to in § 299, proceed as if it was a few salaries.

(2) If required by regulation enforcement deductions from wages or salaries gain a seat beside her right to any income referred to in § 299, Regulation and Enforcement on this income.

Chapter Three

Claim on

Claim on the bank account

§ 303

(1) The enforcement seizures of bank accounts can be ordered on the insurance claim from a current, deposit or any other account in any currency at a financial institution operating in the country, unless the law provides otherwise.

(2) The provisions of the claim on the account can not be used if there is a deposit on passbooks and certificates of deposit or other forms of deposit (the “passbook”).

(3) The enforcement seizures of bank accounts can not be imposed on the assets in the account at a financial institution in which the funds are intended to pay by card social systems.

§ 304

(1) In regulation enforcement seizures of court orders account, financial institution that, from the moment when it will be delivered to the resolution of the account up to the amount of insurance claims to be recovered and its accessories spanked funds not carry them off, nor otherwise with them does not manipulate. If the court orders enforcement of decisions on multiple accounts of the debtor, the resolution shall also order that they will be recovered from them written off.

(2) The court shall deliver the writ of execution creditor, debtor and financial institution. Financial institution is delivered into their own hands. Mandatory order should not be delivered before the financial institution.

(3) Compulsory loses time when the financial institution served with the writ of execution, the right to withdraw funds from the account to use these funds to payments or otherwise dispose of, to the amount of recovery and its accessories.

§ 304A

(1) The prohibitions in § 304 paragraph 1 and 3 shall not apply in the case of funds that are designated for mandatory payment of wages (salaries), wage compensation (salaries) and other benefits, which replace pay, its staff , payable in the following pay period closest to the date on which the financial institution received the writ of execution; wages (salaries), compensation for wages (salaries) and the transactions shall pay, payable in other terms already pay a debt from an account not to extinction enforcement pay.

(2) The funds referred to in paragraph 1, the financial institution pays the debtor, if he shall submit his written statement stating the purpose of the payment, and the total amount of employee names with the amount of wages (salary), salary compensation (salary) or other transactions that shall pay to them to be paid; mandatory signature to the declaration must be officially verified.

(3) Payment of cash compulsory financial institution shall notify the court. Mandatory court is obliged to pay wages (salaries), wage compensation (salaries), or other obligations which shall pay their employees to charge, if the court imposes him.

304b

(1) The prohibitions in § 304 paragraph 1 and 3 shall not apply to funds to double the subsistence of the individual under a special legal regulation 80c). If at one financial institution required multiple accounts, the first sentence of only one of these accounts.

(2) The funds referred to in paragraph 1 financial institution pays a debtor on his application more than once. The fact must be required when regulation enforcement instructed.

(3) Payment of funds mandatory under paragraph 1, the financial institution the court which ordered the execution.

§ 305

The fact that the writ of execution decision becomes final, the court shall notify the legal and financial institution, financial institution notice delivered into his own hands.

§ 306

(1) Regulation enforcement refers to the amount of recovery and its accessories from insurance claim on account of which they were the funds in the account at the time in which the financial institution served with the writ of execution, as well as the claim account, which was created by the account ran out of money later, but within six months from the date on which the financial institution received notice under § 305, the obligation of the financial institution to make the correction by a special Act 81) and § 304A that are not affected.

(2) Performing (§ 307, 308, § 309A, paragraph 1 and 3) enforcement lapses.

§ 307

(1) a decision shall be made by debiting the recovery and its accessories out of the account and the payment authorized. If it was directed to the enforcement of compulsory multiple accounts, financial institution through enforcement of individual accounts in the order specified in the writ of execution.

(2) Financial institution performs executions in the day following delivery of notice under § 305, if not mandatory, however receivable due from an account yet, performs financial institution enforcement in the day following the due date. Enforcement is carried out even if the claim is sufficient insurance account for only a partial satisfaction of the creditor.

(3) If under paragraph 2 of recovery and its accessories fully paid, the financial institution will also enforcement in the day following the day on which the account runs out of funds in an amount that is necessary to the full satisfaction of the creditor. Barring that, within six months of receipt of notice under § 305, performs financial institution regarding enforcement subsequently received funds also in the day following the expiry of that period, or authorized tell you that the account funds were not mandatory. Receivable from financial institution account debit and legitimate worth it even if not sufficient to fully satisfy.

(4) Receivables from insurance account is an authorized financial institution is obliged to pay, even if the monetary claim against him, which could otherwise credited.

(5) The implementation of enforcement with financial institution shall release the extent of the benefits paid to their lawful duties towards principal.

§ 308

(1) If permitted by the court suspend enforcement (§ 266) and if financial institution received permission to postpone the resolution before the performance, financial institution fails to enforcement by the court until he received notification that the suspension was canceled.

(2) If the court stops enforcement, will expire as of the resolution to stop the performance obligations of the financial institution pursuant to § 304, paragraph 1 and the effects of the exercise decision referred to in paragraph 3 § 304, § 306 and 307, or if the enforcement stopped partially applies similarly concerned about the claims from the account. The fact that the decision to stop (partial suspension) performance decision becomes final, the court shall notify the financial institution.

§ 309

(1) If the enforcement seizures of the same account directed to pry more claims, satisfy the individual debts according to their order.

(2) Ranking of claims for which the writ of enforcement shall be governed by the date when the financial institution served with the writ of execution, if it was the same day he received the writ of execution for the number of claims, these claims have the same order. Failing an account receivable from insurance recoveries to satisfy all claims with the same order, pay relatively to the provisions of § 316, paragraph 2 and 3 shall apply mutatis mutandis here.

§ 309A

(1) If an account receivable from the insurance stopped under a special legal regulation 82) or assigned to secure a creditor’s claim povinného83) or transferred to secure the liability insurance for the benefit of its creditors 84) and if these rights earlier order than the claim for which was enacted enforcement is enforcement of such rights the commandments of bank accounts, or part thereof, made only where the rights lapse, without funds from the account on the basis of fully selected. In this case, financial institution enforcement conducted in accordance with § 307 paragraph 2 and 3, or on the day following that what is learned about the death.

(2) If the rights referred to in paragraph 1 of the order later than the claim for which a writ of enforcement at the enforcement is taken into account.

(3) If the rights referred to in paragraph 1 of the same order as the claim for which it was enacted enforcement and not enough if those rights intact portion of bank accounts, covered by regulation enforcement (§ 306 para 1) to the full satisfaction of the claim to the claim, pay the recovery, or the unpaid portion, relatively to the provisions of § 316, paragraph 2 and 3 shall apply mutatis mutandis here. Enforcement financial institution performs similarly under § 307 paragraph 3

(4) For the order of the rights referred to in paragraph 1, the decisive moment of their creation.

§ 310

Provisions excluding or restricting the use of claims of an account at a financial institution for other than its intended purpose without prejudice to the provisions of the claim on the bank account.

§ 311

Not proceed if the financial institution as to him by the provisions of § 304 paragraph 1 and § 307 to 309A, may be entitled to claim, even if it is not mandatory in the account sufficient funds to meet his financial institution to pay the amount to he would be entitled if the financial institution the right way.

Commandment other monetary claims

§ 312

(1) Enforcement commandments other than monetary claim insurance claims from bank accounts or claim referred to in § 299 can be ordered even if the insurance claim will become due and payable only in the future, and even if it will be mandatory partial claim from the same legal due to rise gradually in the future.

(2) The court shall proceed in accordance with paragraph 1, even if the benefits under the contract, which is a mandatory participant is conditional or tied to an age or another course of time. If appropriate, the court after final writ of execution substitute its decision statement will liable to termination of this contract or the application for benefits. The consent of a third party, if he is subject to legal action, it is replaced by order of the writ of enforcement. Acts necessary to exercise the rights that belong to any mandatory regulations, carried out in place of compulsory justified.

(3) a decision affects insurance receivable to the amount of eligible accounts receivable and its accessories, for which it was enacted.

§ 313

(1) In regulation enforcement prohibits mandatory court that his claim however loaded. Debtor mandatory court forbids that from the time he was served with a measure of mandatory paid off his debt, carried her off or otherwise dealt with.

(2) The court shall deliver the writ of execution creditor, the debtor and the debtor to the debtor. Debtor is mandatory deliver into your hands. Debtor must be served on the debtor before the debtor.

(3) Compulsory loses the right to claim the time when the debtor received the statutory writ of execution.

§ 314

Once it enters the writ of law enforcement authorities, inform the court authorized the debtor and the debtor; debtor compulsory notification by the court delivers his own hands.

§ 314a

(1) a decision shall be made by the debtor after the mandatory final resolution to execute a lawful claim paid to the extent to which they were affected by the performance.

(2) The debtor pays insurance claim, if already paid, authorized on the day following delivery of notice under § 314, if not claim insurance in this day yet due, pay it lawful as soon as it became due.

(3) the payment is authorized to waive the mandatory debtor to the extent provided by the performance of its duties to the principal.

§ 314b

(1) Where appropriate, the court instead of a procedure under § 314a directs receivables sale at auction. In doing so, by analogy with § 328b, § 329, paragraph 1-6 and § 329a to 330A.

(2) If the successful bidder pays the highest bid properly and in time, will be transferred to Purchaser all rights and obligations of the claim so far proving to mandatory, with legal effect at the time of grant impact. Transfer of rights at auction court shall notify the debtor of the debtor. If compliance is auctioned debt secured by a lien, liability or otherwise, the court shall transfer the rights in an auction and the person who provided the security if the court such information is known.

314c

(1) If the insurance claim is stopped by a special legal regulation 82) or assigned to secure a creditor’s claim statutory 83) or transferred to secure the liability insurance for the benefit of its creditors 84) and if these rights earlier order than debt, for which he was writ of enforcement, enforcement is thus the claim, or part thereof, made only where the rights lapse, without the claim has been fully paid to the creditor of the debtor. In this case, the debtor insurance claim (part of) the lawful paid after the expiration of the learned to the provisions of § 314a paragraph 2 shall not be affected.

(2) If the rights referred to in paragraph 1 of the order later than the claim for which a writ of enforcement at the enforcement is taken into account.

(3) If the rights referred to in paragraph 1 of the same order as the claim for which it was enacted enforcement and not enough if those rights intact portion of the claim that regulation affects enforcement (§ 312 paragraph 3), to the full satisfaction of the claim claims paid to recovery, or the unpaid portion, comparatively.

(4) For the order of the rights referred to in paragraph 1, the decisive moment of their creation.

§ 315

(1) If the debtor is not worth the authorized statutory claim under § 314a paragraph 2, or according to § 314c paragraph 1 and 3, the authorized against compulsory self-named debtor file a petition for enforcement, if it could make mandatory, otherwise the claim payment claim in proceedings under Part III, or in special proceedings under the Act. However, the borrower may not parties to this insurance claim made at the expense of compulsory conciliation, or waive its payment. Debtor mandatory in this case you can also set off its own debt, the creditor has a claim.

(2) shall not apply to authorized time in court, or other authority for a claim against the debtor compulsory insurance or fails to notify the debtor that it claims is responsible for statutory damages, which would thereby arising.

§ 316

(1) If the enforcement is directed for several claims, will satisfy the individual debts in the order in which they were to execute a judgment debtor served on the debtor. It was the same day he received a measure of the number of claims, which could not be completely satisfied statutory claims, the debtor will satisfy these statutory claims fairly.

(2) To be satisfied by a number of claims, the debtor may submit statutory deductions court. The debtor is obliged to submit mandatory deductions Court if he, at the request of a legitimate court order. The court shall allocate the amount to be handed over between legitimate and pay them the amounts attributable thereto.

(3) The amounts withheld submitting court absolves the debtor of its statutory obligation to compulsory up to that amount.

Receivables not subject to enforcement

§ 317

(1) The enforcement of decisions shall not claim compensation under an insurance contract that pays insurance company if it is to be used to refund a new build or repair buildings.

(2) a decision not subject to cash benefits, social welfare benefits in material need, the state social support housing allowance and lump state social support and foster care.

(3) The provisions of this Act regulating the decision shall not affect the exercise of rights and fulfillment of obligations under a financial collateral arrangement under the conditions laid down by law governing financial security 85a) or similar conditions of foreign law where the financial collateral has been negotiated and established before the application enforcement. This is true even if the financial collateral has been agreed or arising on the date the application for enforcement, but only after this has occurred, unless the recipient of such financial collateral actually knew or should and could know.

§ 318

Claims of individuals who are entrepreneurs, resulting in their business activities, are subject to enforcement only two-fifths, however, if the proposed enforcement priority for any of the debts listed in § 279, paragraph 2, shall be subject to enforcement by three-fifths. The order of priority of payment of claims is used accordingly the provisions of § 280, paragraph 2 and 3

§ 319

(1) Claims of royalties are subject to enforcement, it is mandatory author, only two-fifths, however, if the proposed enforcement priority for any of the debts listed in § 279, paragraph 2, shall be subject to enforcement by three-fifths. The order of priority of payment of claims is used accordingly the provisions of § 280, paragraph 2 and 3

(2) If the author is remunerated by the trade organization, delivers the power of the court decision is also a trade organization, which then has the rights and obligations of the debtor’s principal. Regulation enforcement applies to both the amounts that have been in favor of the author at the trade organization composed, so the amounts that in her current calendar year will be folded.

(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to claims of performers’ rights and the rights of industrial property agents.

§ 320

Disability or other proprietary rights

(1) Enforcement may enact a law other than disability wages, claims or claim referred to in § 299, if it is a right that has a property value that is not associated with a person of the debtor and is transferable to another.

(2) the enforcement, the provisions of § 312, paragraph 3, § 313-316, unless otherwise specified. For purposes of determining the price puts on expert judgment, can not be determined from the contract price on the basis of other property right arose.

(3) If the law consists in the issue of mandatory or delivery of movables, submit these things always court; issue and delivery of goods recovered as described in § 315 paragraph 1 executor. The Court then proceeds by analogy with the provisions of § 326b and § 328 to 334a.

§ 320A

Disability compulsory participation in public companies

a general partner in a limited partnership

(1) the disappearance of the regulation enforcement disabilities participate in a public company, it affects enforcement of the statutory claim to a share in the liquidation balance.

(2) the disappearance of the due execution of a shareholder participation in public companies, affecting enforcement of the right to claim from the settlement amount.

(3) The enforcement pursuant to paragraphs 1 and 2 shall apply mutatis mutandis to the provisions of § 312 paragraph 3 and § 313 to 316th

(4) The provisions of paragraphs 1 to 3 shall also apply to disability insurance participation in a limited partnership if the general partner.

Disability insurance participation in company with limited liability

limited partner in the team and in the limited partnership

320A

(1) The enforcement of court prohibits

a) mandatory transfer his share of a limited partner in a limited partnership ownership interest in a limited liability company or membership rights and obligations of the cooperative (the “share”) or his burden and
b) the competent authority of the limited partnership, limited liability company or cooperative grant the debtor to transfer or load share agreement, if one is needed.

(2) A limited partnership companies, limited liability company or a cooperative resolution to deliver into his own hands.

320ab

(1) Where the proportion of freely transferable, sold after final writ of execution in the auction. The Court proceeds appropriately according to § 328b 330A. If the share in the team the right to use the apartment, the procedure for final resolution under § 320A court appropriately under § 336 to 337h; auction court decree sending the same team. If the share in the team the right to use the apartment and make a contract with a team member, the legal action third person, it shall be treated as non-transferable share.

(2) For purposes of determining the prices taketh court expert for that purpose are a company or team shall provide the court and the expert information you need to determine the price of the share.

(3) The auction decree the court delivers business company or cooperative.

(4) participates in an auction if the other partner or member of a team, and do the same with other bidders highest bid satisfied, hammering him.

(5) The auction can sell the share, which is limited transferable. In this case, it may be hammering granted only to those who before the auction proves that meets the requirements established by law or the articles of association of the acquisition of shares.

(6) The effects of granting knock down specific legislation. Grant hammering the companies register and notify the company, or team.

(7) If they do not sell or share in a repeated auction, it shall notify the court in writing without undue delay, limited partnership, limited liability company or cooperative.

(8) If they do not sell or share the repeated auction or if the proportion of transferable affects enforcement of the right to claim from the settlement amount. Enforcement of a decision involving a claim of right to compulsory settlement amount shall apply mutatis mutandis the provisions of § 312 paragraph 3 and § 313 to 316th

Chapter Four

Management of real estate

Regulation enforcement

320B

(1) Enforcement Administration property may be ordered only when authorized or designated property file, the administration proposed, and if you can prove that the property or the file is the property of the debtor. The fact that it has filed a motion for enforcement administration of property, the court shall notify the Land Registry Office in whose jurisdiction the property is located.

(2) A further entitled to a measure of the administration of the same property filed with the court before the court finally decided to execute a judgment shall be deemed to intervene as of the date of the request. The proposal further authorized, which was filed with nepříslušného court, the court shall refer the decision to the competent court without, in which case the proposal shall be deemed to intervene from the date of a denial of a competent court. Other authorized to accept the case, which is on its accession.

320C

For the enforcement of property management is critical condition at the time of initiation.

320d

In order to execute a judgment debtor court

a) prohibit, after service of the order transferred the property to someone else or encumbered,
b) prohibit, to receive benefits or allowances arising from property
c) order that within 15 days of delivery of the resolution said that property and who uses that and who has entered into a lease agreement to the property or a part thereof, if the property encumbered by easement and to whom such right is evidenced,
d) order that within 15 days from receipt of said resolution, how and by whom are secured delivery of services related to the use and management of the property and whether, by whom and to what extent the property is insured,
e) order that within 15 days from receipt of said resolution, whether regarding real estate litigation or other proceedings,
f) commands to enable the court at any time inspect the records, contracts and other documents relating to the property and without limitation to enter any premises.

320e

Writ of execution court shall deliver legitimate, those who came to intervene as permission mandatory, compulsory and husband competent land registry office in whose district the property that is the subject of enforcement.

Management of real estate

320f

(1) Property Management exercises judgment. Individual acts may by delegation court to the executor or other court employee. If required by the nature of the property, the court will appoint an administrator. The provisions of § 338i to 338 liters shall apply mutatis mutandis.

(2) Submission of a proposal for the initiation of administrative or judicial proceedings relating to the property and acts pertaining to such proceedings, the debtor made compulsory instead of court. Legal acts related to real estate made compulsory instead of court.

(3) The Court shall take appropriate measures to property has been properly and successfully used economically, especially compulsory orders the debtor that benefits from the property comprised in the designated account, and forbids him to give the debtor, carried them off or otherwise loaded.

(4) Instead of insurance confirming compliance with court debt.

(5) If benefits under paragraph 3 in money, submit to the court, which will take care of their realization in the auction according to § 328b 330A.

320 g

(1) Regulation property management does not affect the lease on the property. However, the court may terminate such a contract as provided by law, by contract or other agreement with the tenant and negotiate another lease.

(2) The court may terminate or otherwise terminate and enter into new contracts, which are secured by the delivery of services related to the use and management of real estate and insurance contracts under the conditions provided by law, these contracts or agreements with suppliers of these services. It may also seek to vacate the property, termination or cancellation of encumbrances other relationships on the basis of the property is used under the conditions stipulated by a special law, these contracts or agreements with participants in these relationships.

320H

(1) Income court administration acquired the property, after deduction of surrender authority to satisfy his recovery.

(2) Expenditures pursuant to paragraph 1 shall be paid in the following order:

a) the cost of property management,
b) transactions arising from insurance contracts and the agreements which are secured delivery of services related to the use and management of real estate,
c) the cost of maintenance and necessary repairs property
d) costs related to property,
e) tax on immovable property for the time it takes to manage the property.

(3) The payment yield management gives the court authority every three months, unless for an extended period.

320i

Other performances decision

(1) Regulation Enforcement Administration property does not prevent to the property was ordered enforcement of the sale. Managing property ends on final resolution on the impact and highest paying the filing or the date of the decision on předražku and paying předražku.

(2) Regulation Enforcement Administration property precludes was enacted and implemented enforcement commandments other monetary claim, if such claim is income property management. Already ordered court suspends performance. Permissions from these performances have the power management property management position further authorized. The ranking is a crucial day when the proposal reached court. So far unpaid claims of these performances are poddlužníci obliged to pass judgment.

320j

Management of co-ownership interests in real property

(1) The enforcement co-administration of interests in real property shall be applied the provisions on enforcement administration property.

(2) Resolution of a measure of co-administration of interests in real property shall be served as co-owners.

(3) Income court administration acquired the property, after deducting the expenses divided by the amount of his or her share of the share attributable to insurance pays the costs and the remaining part of the income surrenders authority to satisfy his recovery.

(4) Devise court if the other co-owners, the court may provide management services to the property.

CHAPTER FIVE

Sale of movable and immovable property

Things not subject to enforcement

§ 321

Enforcement can not be affected by things, the sale of which is prohibited by special regulations, or under special laws are not subject to enforcement.

§ 322

(1) From the things that are in the possession of the debtor, can not relate to enforcement of those required urgently needs to satisfy their material needs and their families or to perform their work tasks, as well as other things, the sale of which would be contrary to moral rules.

(2) are thus excluded from the exercise of judgment in particular

a) ordinary garments, common household items,
b) engagement ring and other items of a similar nature,
c) medical supplies and other things that need mandatory due to their illness or physical defect
d) cash in the amount equivalent to twice the subsistence of the individual under special legislation 80c)
e) animals in which the economic effect is not the main purpose of breeding and to serve man as his companion.

(3) If required entrepreneur enforcement can not relate to those things off his property that necessarily needs to conduct its business; This does not apply if sticking to pledge these things and if it is a legitimate debt recovery, which is secured by a lien.

(4) The enforcement are excluded technical resources, on which, according to a special legal regulation 86a) A register of investment instruments or documents are stored on the data in these records, and the technical means used to provide information about the owners of investment instruments pursuant to a special legal regulation 86b).

(5) The execution or seizure are excluded flats or commercial premises and houses with flats and non-residential premises, unless entered into the real estate owner’s statement, in cases where such dwellings or non-residential premises have the exclusive right to acquire property under § 23 and 24 of Law No. 72/1994 Coll. adapting certain co-ownership relationship to the buildings and some of the ownership rights to housing and non-residential premises and amend some laws (Act on ownership), as amended.

(6) The provisions of paragraphs 1 and 4 shall also apply to items whose co-owner is required.

Sale of movable property

§ 323

(1) Enforcement may be enacted as proposed with the explicit determination of legitimate things to be sold, or without a destination.

(2) If an authorized known that the debtor has any movable thing, passbook, certificate of deposit or other instrument, whose presentation is necessary to exercise the rights, placed outside your home (residence, place of business), or that the owner is compulsory dematerialized 86C) or immobilized 86D) of a security, it shall no longer authorized such a fact in the application for enforcement, if it is a tangible movable, a passbook, certificate of deposit or other instrument, whose presentation is necessary to exercise the rights of legitimate, if possible where it is located.

§ 324

The regulation prohibits enforcement mandatory court that dealt with things conceived in the inventory.

Fact sheet on the spot

§ 325

(1) Resolution to execute a judgment sale of movable assets shall be served on the debtor to the implementation of performance. If the implementation of the mandatory power is present, it will be delivered along resolutions being understood that the inventory was done and the things that were written.

(2) Notification that a record be made of things which were written, shall be delivered to the creditor and also the spouse of the debtor.

§ 325A

If required by the purpose of enforcement, is the one who executes, is entitled to make a personal inspection tour of the debtor and the dwelling (residence, place of business) and other rooms of the debtor, as well as his cabinets or other containers placed in them, where the debtor has his property for that purpose is empowered to obtain the apartment to another room or mandatory approach, or an enclosed cabinet or other container open.

§ 325B

(1) Required to whomsoever enforcement, access to all places where its movable assets are located.

(2) Everyone in the building has required her apartment (residence, place of business) or any of his room, he is obliged to acquiesce to whoever enforcement, conducted tour of the apartment and other rooms of the debtor. Fails to fulfill this obligation, the one who executes entitled to obtain access to the apartment or any other room of mandatory access.

(3) Upon request of a person who is entitled to be present during the inventory, shall record the course of examinations and other rooms of the apartment. If necessary, the record of course take a tour without it. The fact must be instructed bystanders during the tour.

§ 326

(1) The court in an apartment (residence, place of business) insurance or other place where the debtor has placed their stuff, writes stuff that could be sold, to the extent that the proceeds of sale drawn up things sufficed to satisfy the claims to be recovered authorized together with the costs of enforcement. Will be written especially things that principal may probably miss and the easiest sell, things quickly deteriorate, will be written only if there enough other things and can help ensure their rapid sales outside the auction. Written can be movable, accompanying the property.

(2) The court shall make mandatory the things that is carrying someone else, but only if such things he will be handed over at the same time.

(3) A lien creditor who carries a pledge, the person to whom the case has been passed to stop for safekeeping or storage 86E), the holder of a lien securing transfer of rights or 84) or the person that their right to use things from these people derived, are obliged to issue to court for writing a call court. The court, after making his case and her writing delivered into the hands of the pledgee, the person authorized by liens securing transfer of rights or notice pursuant to § 328b, paragraph 4, point. g).

(4) If the party ordered enforcement of certain movable property of the debtor, to draw up a matter referred to in the writ of execution.

(5) Securities 86F), passbook, or other documents whose production is necessary to exercise the rights shall be put down and always shall be surrendered to the court.

(6) Securities registered in the register of investment instruments shall be put down as soon as the court finds that they are recorded in the statutory register of investment instruments. In the case of global notes, the court shall make mandatory share in the collective bond 86 g). After writing court orders a person authorized to maintain a register of investment instruments write suspend the owner’s right to dispose of the investment instrument 86h) to register (§ 324).

(7) An authorized person has the right to present an inventory of things. Have been mentioned in the list of things that justified explicitly declared that they have to be in writing.

(8) The list shall be supplemented by other things, if the proceeds of sale drawn up things is not sufficient if it is authorized or directed to other forced sale of movable property of the debtor.

(9) If necessary, it meets one who performs inventory, a suitable person to act, if possible, a representative of the community.

(10) The inventory shall exclude things, which it suggests compulsory and authorized the exclusion of consent.

(11) If the court finds probable assertion persons present during the inventory of the matter is in the possession of a third party, that third party shall promptly notify in writing to perform inventory and learn about her right to file a petition under § 267th

(12) The application of the person who says that the thing is conceived in the inventory in its possession, the court shall forward the information needed to exercise a right under § 267th

§ 326a

If they do not in the apartment (residence, place of business) or any other statutory court a familiar place to write any cause, the court shall notify the creditor and ask him to court marked the place where things are mandatory, which could be sold. If the authorized court within a specified period not disclose such a place or if it even at the location indicated there were no written things, the court enforcement stops.

§ 326b

(1) Things that are easily perishable, the court removes the compulsory auction and sold out immediately after they were written. The provisions of § 329a paragraph 1 shall apply mutatis mutandis.

(2) If they do not sell these things and if not taken is justified at a price by the court returns is mandatory.

§ 327

(1) At the request of an authorized court to ensure appropriate care of movables conceived in inventory.

(2) Where necessary to ensure the costs of movable assets, the court will ensure only authorized if an advance on these costs.

(3) in a movable things that were not secured, are kept in a place where they were written, and labeled so as to indicate to whom the court have been written and what items enforcement.

Another list

327a

(1) If the compulsory indication of the things I know from a register established by law or other records kept in accordance with the law, holds such a thing to the list by writing to the log.

(2) Any court an inventory immediately inform the person or body shall keep a register or other records. If possible the person or body in the register (register) a record of inventory. Data on a census kept by the person or body for the duration of execution.

(3) After final writ of execution is mandatory invited to things like this written immediately surrendered court.

327b

(1) The court shall proceed in accordance with § 327a, when he knows that the mandatory is entitled to dispose of the deposit to the deposit book.

(2) Notice of the concept in the list sent to court financial institution into their own hands and teach him that since the mandatory census must deposit with the book deal.

(3) The court shall ask the debtor to his passbook immediately submitted. Failure to do so at least, until the writ of execution, the court makes a proposal for its amortization.

Next steps in the sale of movables

§ 328

(1) Upon final resolution to execute a decision written things or sets of things determined by the court to the common monetization estimate, unless

a) the price determined officially 36),
b) the published course investment instrument admitted to trading on a regulated European market 101), or
c) the published value of the securities issued by collective investment fund.

(2) Estimate made by a judicial, expert puts on when in simple cases insufficient estimate made by the executor at writing things. Estimation of the Court does not, the sale is way under § 334a. Estimation of things not written by the court decision.

(3) If the estimate does not determine the price finds court cost pursuant to paragraph 1. a) to c) on the day preceding the issue of auction notice (§ 328b, paragraph 3) or authorized for sale in another way.

§ 328a

(1) After final writ of execution and for a quote written by the matter under § 328 (hereinafter referred to as “decisive Price”), the court shall ensure that the

a) particularly significant works of art and monuments
b) manuscripts particularly important literary works,
c) personal correspondence separate monuments and important writers and cultural factors, as well as other souvenirs museum nature of these persons,
d) objects larger cultural and historical values and their files

were offered to purchase for cash institutions whose mission is to care for such sights, at least opt for the price.

(2) If the institution within thirty days of receiving the call does not respond to the offer fails and the court will decide the price, the court also sell these items as follows.

(3) The financial collateral under the law regulating financial security 85a) or foreign legislation may not be attached.

§ 328b

(1) Writing things will be sold at auction, unless otherwise provided herein. Items will be sold separately or in a set of things. The set of things to sell mainly things that make up a single, economically and divisible or an indivisible whole or fungible securities 86i), can you expect a higher yield.

(2) The auction is carried out in a place where things are written, or in court or at another suitable location. The court, if necessary, ensure that written things were transported to the place where the auction is held. If not provided, it shall be responsible for written things go to auction; does not do so voluntarily, he will be removed.

(3) The court shall notify the auction for the auction notice, which delivers compulsory, spouse of the debtor, the creditor and the municipal authority in whose district the auction organized on a circuit in which the debtor resides. In addition, the auction publish notice in the usual way. Court orders auction of at least 30 days after the date of the auction notice, but not earlier than 30 days from the date of receipt of notification of a census under § 326 paragraph 11 Against the auction notice is not appealable.

(4) The court shall decree auction

a) the date, time and place of the auction,
b) identification of auctioned goods,
c) if the thing auctioned separately or as part of a set of things,
d) decide the price of a thing or set of things,
e) the amount of the lowest bid (§ 329),
f) whether it requires payment of a security and the method of payment (paragraph 5)
g) a statement that the essence of the schedule may be justified, those who came to intervene as additional privileges and other creditors to seek satisfaction of other enforceable claims or claims secured detention or lien or security transfer of rights than that which was enacted enforcement if the logs before the start of auction, if the application indicating the amount of the claim and its accessories and demonstrate to the relevant documents, and told that the applications for registration, in which the amount of the claim or its accessories will not be listed, shall be disregarded to the provisions of § 335, paragraph 2 and § 336f shall apply mutatis mutandis.

(5) The obligation of a security and the amount of the judgment exceeds the price determined separately auctioned auctioned thing or set of things when converted into the currency of the Czech Republic at the exchange rate announced by the Czech National Bank on the day preceding the auction notice issue, the equivalent amount of 45 000 EUR. The provisions of § 336e paragraph 2 shall apply mutatis mutandis.

(6) If found to have been brought to the exclusion of things sold enforcement (§ 267), the court auction adjourn this matter until a final decision on the action.

§ 329

(1) The auction can also be done executor, the court shall make during the auction protocol. Judges, court employees, mandatory insurance and my husband not to bid. Before the auction auctioneer is obliged to prove their identity. Name, surname, permanent address and date of birth recorded in the court log on auction.

(2) Low administration at one-third the applicable rates. Bidders are bound by their pleadings, unless the submission is made higher. The price auctioned thing or set of things is not limited to the provisions of the pricing regulations.

(3) The court shall grant the hammer bidder who makes the highest bid. Made if more bidders the same highest bid, the court shall first hammer to anyone who suggests right of first refusal. If the hammer follows awarded, grants him the auctioneer, which was determined by lot. The successful bidder must pay the highest bid without undue delay; failing that, auctioning the matter without his participation again.

(4) The highest bidder shall be entered administration, the security. Bidders that were granted hammering, returns paid security post auction negotiations.

(5) The successful bidder must supplement or highest bid on the highest bid does not exceed the amount determined as the highest possible for payment in cash pursuant to a special legal regulation 86j) (hereinafter referred to as “limit”), payable immediately, failing that, the thing auctioned again, without his participation.

(6) The Supreme submission or a supplement to the highest bid in excess of the limit bidder must pay cashless payment within seven days of the granting of impact, the court orders otherwise re-auction.

(7) If the successful bidder pays the highest bid properly and in time, it goes to the bidder ownership of the auctioned item or set of items auctioned, with legal effect at the time of grant impact. Transfer of ownership to the bidder extinguished lien and retention rights and other defects are sticking to things.

(8) If the successful bidder does not accept the things auctioned one month after payment of the highest submission, the court pursuant to § 330 para 2 and 3

329a

(1) Moves the ownership of the bidder, the bidder, the court, upon request confirmation of the transfer of ownership rights to things auctioned to the granting of the impact. In the case of auction of securities, the court such certification bidder without it.

(2) In the case of a transfer of ownership of physical security to the order of the court or in the name inscribed on the back of the pendant or security transfer of title to a security to the bidder at the time of grant impact.

§ 330

(1) The auction ends when achieved sufficient proceeds to satisfy all legitimate and timely registered creditors.

(2) If no bidder for the auctioned things, the court re-auction.

(3) The highest bidder to pay the highest bid properly and on time, is obliged to reimburse the costs to the state and to those incurred in connection with another auction, auction or negotiation, the loss suffered by not paying the highest bid, and, if the next auction achieved the highest bid lower, the difference at the highest dose. These commitments will be counted security made declarer; exceeds a certainty these commitments, the remaining bidder returns. These commitments, any set-off or refund the rest of the security determined by the court ruling.

(4) Things that do not pass into the ownership of the bidder or re-auction, it may take legitimate within 15 days after being notified of futility auction for one third of the relevant prices. Among several authorized, otherwise willing to take, decide the order (§ 332 paragraph 1). Takeover has the same effect as a sale by auction. Refuses to take these things justified, the court excluded from the list. Resolution on the lawful and delivers prescribed.

(5) Things that were excluded from the final list, returns prescribed. Refuses to take these things mandatory or his residence is unknown, the court reasonably under § 185 g; period is one year and shall run from the date of the resolution to exclude things from the exercise. If it happens, the case over time apparently useless, the court shall proceed in accordance with § 341 paragraph 4

330A

(1) The auction can also be done electronically using the Internet.

(2) The court sets auction notice

a) the method of registration of bidders, and the way in which bidders must give their name, permanent address, social security number, and has not been assigned, date of birth,
b) the method of reporting on the progress at an auction or a link to a website on which it is published,
c) the address of the website on which the auction will take place and where the public can watch the auction,
d) the date and time of the start and end of the auction, during which you can increase submission
e) the manner and time in which the bidder is obliged to pay the highest bid, the deadline for the payment or payment of the highest administration must not be longer than 10 days from the grant of impact,
f) information about when and where, after payment of the highest administration can take things auctioned,
g) the date of registration of claims,
h) the date of exercise pre-emptive rights of the communication deciding whether the option shown
i) the manner of publication of the impact.

(3) In any case where more bidders the same highest bid, court grants hammering the first bidder, which suggests pre-emptive right. If so hammering degree, shall be to the auctioneer, who made the first administration. The provisions of § 329, paragraph 3 shall apply.

(4) For auction conducted electronically apply by analogy the provisions of § 328b to 330

§ 331

(1) If the forced sale of movables dictated by only one asset and logged if the authorized time or another creditor [§ 328b paragraph 4 point. g)], the court after deducting the costs of disposal, or after deduction of value added tax, if required by the payer of value added tax and if it was auctioned item in the commercial property insurance, it pays to legitimate achieved yield.

(2) If the forced sale of movables to be enacted gradually for several claims, or if enrolled in a timely manner or another authorized lender shall pay court costs of the sale after the crash, or after deduction of value added tax, if the tax payer mandatory value added and when the auctioned item in the business assets of the debtor, or any of the legitimate creditors proceeds in order.

(3) exceeds the achieved mining claim for which enforcement was enacted, the remainder of the proceeds shall be paid to the debtor. If mandatory refuses to take the rest of the proceeds or residence is unknown, the court reasonably under § 185 g; period under § 185 grams paragraph 1 shall run from the date of compulsory refused to take the rest of the proceeds or the proceeds of the rest of the court returned as undeliverable.

§ 331A

(1) If sold movable thing that has been converted to provide liability insurance for the benefit of his creditors 84), stopped 87), or detained 88) pays court proceeds from the realization things first creditor whose claim was secured detention law. When paying the proceeds of the pledgee creditor whose claim was secured transfer of rights and legitimate, in whose favor the matter was drawn up, proceed in order.

(2) For movable assets, which were separately suspended (vespolným lien) for more receivables, 89)

procedure is reasonable under § 337d.

§ 332

(1) The order in which the court made the payment of individual claims is governed by the day came when the court a motion for enforcement of individual claims or other legitimate application or another creditor [§ 328b paragraph 4 point. g)].

(2) To order a lien securing transfer of rights is a crucial moment of their creation.

(3) If the number of claims in the same order and the sale proceeds are not enough to completely satisfy, satisfy these claims fairly. Regardless of the order of priority to satisfy claims for which it provides a special regulation.

Cash and securities papíryi

Cash and securities or instruments representing the right to repay the outstanding

§ 333

(1) If an item in the exercise of judgment for a sum of money in the currency of the Czech Republic than that under § 322, paragraph 2, point. d) enforcement excluded, treated in the amount subject to enforcement as the proceeds of sale (§ 331, 332).

(2) If an item in enforcement internationally tradable gold or cash in foreign currency, through their sale or exchange of the currency of the Czech Republic according to special regulations 90). Achieved and allocates the proceeds paid pursuant to § 331 and 332

§ 334

(1) The court shall passbook financial institution and chooses from it the amount to which the debtor is entitled. Financial institution will pay the deposit, even if the payoff is bound.

(2) In the case of securities or instruments representing the right to repay the amount owed, the court in accordance with their nature and legitimate opinions either ask the person who is to perform the matching performance turned in court, or take care of monetization.

(3) If the court asks him who, according to a security or instrument to fulfill the court gave adequate performance, apply, mutatis mutandis under the provisions on enforcement seizures, and acts necessary to exercise the rights that belong under special statutory provisions as a person authorized of securities or other instruments, carried out in place of compulsory executor. The amount obtained by immersion as the proceeds of sale (§ 331-332).

§ 334a

(1) If no written procedure liquidation of securities pursuant to § 334, paragraph 2, the court written by cashing in securities brokerage firm or a foreign person providing investment services in the Czech Republic, 91). Court takes the all the rights that otherwise the responsibility of the debtor as the owner of the security.

(2) If the amount obtained shall be disposed of as the proceeds of sale (§ 331-332).

Property Sales

§ 335

(1) Enforcement sale of real estate may be ordered only when authorized designated property, the sale of which is proposed, and if issued or certified documents of public authorities, where appropriate, a notary public documents 76) demonstrate that the property is owned by the debtor. Real estate decisions in the exercise of their means selling real estate property and dwellings or non-residential premises owned by a special law. The fact that it has filed a motion for execution sale of real estate, the court shall notify the competent land registry office.

(2) A further authorized the execution of the sale of the same property filed with the court before the court finally decided to execute a judgment shall be deemed to intervene as of the date of the request. The proposal further authorized, which was filed with nepříslušného court, the court shall refer the decision to the competent court without, in which case the proposal shall be deemed to intervene from the date of a denial of a competent court. Other authorized to accept the case, which is on its accession.

(3) An authorized person may withdraw its proposal until the final writ of execution. However, the court shall suspend the proceedings only where it is accepted by all eligible, who came into the proceedings.

§ 335a

(1) For regulation forced sales is critical condition at the time of initiation.

(2) Regulation enforcement applies to property with all its components and accessories, it also applies to movables which are accessory properties.

§ 335B

(1) In order to execute a judgment debtor court

a) prohibit, after service of the order transferred the property to someone else or encumbered;
b) deposit to the court within 15 days after service of the order known whether and who has the right of first refusal to the property, the right to adequate easement or lease law, with instructions that, when required to notify responsible for any damage caused thereby.

(2) Resolution on the enforcement of court shall deliver legitimate, those who came to intervene as permission mandatory, compulsory and husband competent land registry office.

(3) If the enforcement unregistered property in the real estate, the court shall order the usual names, and other data related to real estate, and marks the land on which or under which the property is located.

(4) Upon final court delivers the writ of execution to the persons for whom he is known to have the option to purchase the property, real property right or right of tenancy, tax office and local authority in whose area the property in whose jurisdiction the compulsory his domicile (registered office, place of business), and hanging them on the official board of the court. The fact that the resolution has become final, the court shall notify the competent land registry office.

(5) If enforcement is suspended, the court shall give notice of the resolution by the appropriate land registry office.

§ 336

(1) After final writ of execution court shall appoint an expert, which saves to appreciate the building and its accessories at the usual price.

(2) If necessary, the court performs inspection, property and its accessories. The time and place of the court shall notify the authorized examination, those who came to intervene as permission mandatory and expert. Mandatory, or other persons are required to allow inspection of the property and its accessories required to make the award.

(3) does not allow the mandatory inspection of the property and can not determine the price without examination, the court is empowered to obtain property insurance approach.

(4) If the building and its accessories were previously valued as described in paragraphs 1 and 2, and if the changed circumstances decisive for the award, the court may refrain from revaluation.

§ 336A

(1) According to the results of valuation and inspection carried out under § 336 determined by the court

a) the property that the output is concerned,
b) Completing the property, which covers performance,
c) the resulting price of the property and its accessories, which relates to the performance,
d) a court known easements and lease rights, sale at auction are extinguished.

(2) The court shall also decide on the termination of tenancy or rights pertaining to the easement if

a) is not furnished rentals in the usual place and time or if the gross disparity between the easement and the advantage of legal and
b) that law significantly limits the ability to sell the property at auction.

(3) The resolution authorized the court delivers to those who came to intervene as additional privileges, compulsory and persons whose rights and obligations, the court decided pursuant to paragraph 2 Negotiations need not be ordered.

(4) The court order will change the price unless the decree issued auction where it is materially changed circumstances relevant to the valuation of the property and its accessories.

§ 336B

(1) Enforcement shall be auctioned by court order after a final order under § 336A.

(2) The court shall decree auction

a) the date, time and place of the auction conduct (§ 336d)
b) the property and its accessories [§ 336A, paragraph 1, point. a) and b)],
c) the number of auction action
d) the resulting price [§ 336A, paragraph 1, point. c)]
e) the amount of the lowest bid (§ 336e paragraph 1),
f) the amount of the security and the method of payment (§ 336e paragraph 2), or communication that does not require the payment of a security,
g) easements and lease rights that selling the property at auction extinguished [§ 336A, paragraph 1, point. d)]
h) the conditions under which the bidder can take over the property and auctioned under which becomes its owner (§ 336 liters paragraphs 1 and 2).

(3) The court invites auction notice

a) anyone who has a law that does not permit auction (§ 267), is applied to the court, and that such application of the law established by the auction before the meeting, warning that otherwise his right to be in the enforcement taken into account,
b) everyone has the right to lease the property or easement not registered in the land registry, which is not mentioned in the auction notice, unless the tenant or authorized by the easement housing to the Court that such a right, and to show him therein, otherwise such right expires hammering.

(4) The court notifies the auction notice

a) legitimate, those who came to intervene as additional privileges and other creditors of the debtor, they can meet any demand recoverable claims or claims secured by a lien than that for which the execution of a decision if the logs before opening negotiations and auction application will contain conditions under § 336f, paragraph 2 and 3, and the lessons that applications for registration, in which the amount of the claim or its accessories will be given, not taken into account (§ 336f)
b) authorized, those who came to intervene as additional privileges and other creditors and the debtor, they can deny claims submitted as to their authenticity, above, included in the group and the order not later than 15 days from the date of publication of the notice pursuant to § 336p, paragraph 1, or in the same time demand that the layout of the distributed nature of a hearing, and teach them that the objections and requests for hearing made later disregarded
c) the bidder, whether it is recognized that the highest bid was a loan to be repaid by a lien on property auctioned,
d) persons who have a right of first refusal to the property that it can be applied only in the auction as bidders and awarding hammering option expires.

§ 336c

(1) Auction decree the court delivers:

a) authorized, those who came to intervene as additional privileges, mandatory, mandatory spouse, persons for whom he is known to have first refusal on property or pledge parties, which delivers a resolution under § 336A and to persons who already known his enforceable debts or claims secured by a lien for the principal and the relevant documents are shown
b) the tax office and local authority in whose area the property and in whose district the debtor has his domicile (residence, place of business);
c) those who collect contributions for social security contributions to the state employment policy and public health insurance,
d) the competent land registry office,
e) the municipal authority with extended powers in whose district the property.

(2) Persons referred to in paragraph 1 point. a) a court decree auction delivers into their own hands.

(3) The court shall be posted on the day of the release auction notice on the official board of the court and ask the local authority in whose district the property that the ordinance or its essential content published in the usual way. Writ of execution simultaneously removed from official board court.

(4) In justified cases, the court may decree an auction or its essential content to publish in national or local newspapers, or other appropriate means.

(5) A auction notice is not appealable.

§ 336d

(1) The auction is held in the place where the property is situated, or in court or at another suitable location.

(2) the court orders auction meeting at least 30 days after the date of the auction notice.

§ 336e

(1) The lowest bid court sets of two-thirds of the final price.

(2) The amount of the security court according to the circumstances of the case, however, the maximum amount not exceeding three quarters lowest bid. Assurance can be paid either in cash to the coffers court does not exceed the amount determined as the highest possible for payment in cash pursuant to a special legal regulation, or payment on account of court. The payment on account of court may be made only if it was before the auction negotiations revealed that the account reached court.

(3) A person who intends to apply for an auction of its right of first refusal, the court must prove before the auction at the latest meeting. Court before the commencement of the auction will decide whether the pre-emption right is shown; against that order is not appealable.

§ 336f

(1) A creditor who has a claim secured by a lien on property, or that has a claim against a debtor granted decision, settlement or other title listed in § 274 (enforceable claim), it can control up to check-in before the start of the auction negotiations.

(2) The application shall contain

a) the amount of the claim and its accessories, whose satisfaction with the creditor insurance claims
b) quantification of the claim on the date of the auction,
c) an indication of which group asset belongs
d) the facts relevant to the claim order.

(3) The application referred to in paragraph 2 shall be accompanied by documents proving that they are enforceable claim or a claim secured by a lien, unless these facts arising from the content of the file.

(4) Late or incomplete applications court rejects the resolution, against the resolution is not appealable.

(5) The creditor shall immediately notify the court of changes to the application, which occurred after the delivery of court. When you notify the creditor is responsible for the damage caused thereby.

§ 336 g

repealed by Law No. 396/2012 Coll.

§ 336h

(1) The auction action can only manage a judge. Individual acts at the hearing, which is not important, it may by delegation court to the executor or other court employee; follow the judge’s instructions.

(2) As the auctioneer may participate only one who paid for the auction to start negotiations certainty.

(3) A natural person may only bid in person or by proxy, the power of attorney has been officially verified. As a legal person, community, higher local government unit or state auction persons referred to in § 21, 21a and 21b, which must prove its entitlement document, which was officially verified, or their representative, the power of attorney has been officially verified.

(4) The bidders must act judges, court employees, mandatory, spouse of the debtor, the bidder referred to in paragraph § 336 m 2 and those for whom the acquisition of things prevents special regulation.

(5) Prior to auction, auctioneer is obliged to prove their identity. Name, surname, permanent address and date of birth recorded in the court log on auction.

§ 336i

(1) If found to have been brought to the exclusion of the property sold enforcement (§ 267), the court shall adjourn the hearing auction until a final decision on the action.

(2) After the start of the auction negotiations judge first

a) Determine whether there is evidence of pre-emption rights (§ 336e paragraph 3),
b) indicates that additional easements and lease rights not mentioned in the auction notice on the property seriously and will consider whether to auction neodročí hearing decision under § 336A.

(3) After execution of the procedures under paragraph 2, the judge asks those who can bid to make the filing.

(4) The auction will be held until the administration makes auctioneers, auctioneers are bound by their pleadings until the court granted hammer. Price auctioned things is not limited provisions pricing regulations.

§ 336j

(1) Blows may be granted to the person who made the highest bid and which are the other conditions provided by law. Made if more bidders the same highest bid, the court shall first hammer to anyone who suggests right of first refusal. If the hammer follows awarded, grants him the auctioneer, which was determined by lot.

(2) Before issuing a hammer, the judge will ask the bidder if the highest bid will suffer through a loan.

(3) An order hammering court

a) the time to pay the highest submission, which begins on the day hammering force and must not be longer than two months, or
b) require the bidder to within 2 months from the coming into force of the contract submitted under § 336 l, paragraph 4 or in this period suffered from the highest bid.

(4) The court in its resolution on percussion under paragraph 3 saves mandatory for auctioned property vacated no later than 15 days after entry into force of the highest order or payment of filing occurred later, when, and teach participants the possibility to proceed under § 336ja paragraph 1 with quantification, what is the minimum předražek and when they must be made.

(5) The highest bidder shall be entered administration, the security.

(6) bidders that were granted hammering, returns paid security post auction negotiations.

336ja

(1) Unless the person referred to in § 336h, paragraph 4, each within 15 days from the date of publication of the resolution of the court in writing hammering suggest that auctioned to acquire property for the amount of at least a quarter higher than the highest bid (předražek) . The proposal must include the conditions under § 42 and the signature of the applicant must be officially verified. Proposals leading court separately and included in the file before the expiry of the first sentence.

(2) předražku petitioner shall within the period specified in paragraph 1 předražek account to pay court. The provisions of § 336e paragraph 2 shall apply mutatis mutandis. If předražek properly and timely paid, the court disregarded the proposal předražku.

(3) After the expiry of the period referred to in paragraph 1, the court shall invite the bidder, within three days announced that enhances your highest bid for the highest amount předražku. Once the court issues a resolution on předražku in which resolution of hammering canceled and decide who is předražitelem and at what price the property becomes.

(4) If more předražků made, the property becomes the one who makes the highest předražek, in the case of identical filing bidder, then the one who filed for first, then decisions are made at the hearing by lot.

(5) An order předražku court imposes mandatory for auctioned property vacated no later than 15 days after the entry of the resolution. If the successful bidder increased its submission to the amount of the highest předražku provides him equal time for payment of supreme administration, which was determined in the resolution on impact. The resolution authorized the court delivers, the one who went into management as the next person entitled to compulsory, and any bidder who did předražek.

(6) Unsuccessful applicants předražku the amount paid back after final resolution on předražku.

(7) In an appeal against a decision to předražku is also considered an appeal lodged against a decision to drill.

§ 336k

(1) Resolution of the hammer court delivers to the creditor, the one who went into management as another legitimate, compulsory and bidder. Resolution on the hammer shall be put up for 15 days on the official board of the court together with the invitation to registered creditors to within 15 days of posting quantify their claims on the day of the auction. In a resolution published on the official board of the court there are no data by which it is possible to identify the bidder.

(2) A resolution on the hammer may appeal only person referred to in paragraph 1, first sentence.

(3) Within 15 days from the date of the auction negotiations may also appeal

a) the person referred to in § 336c paragraph 1, point. a) which have not been delivered to the auction notice, if that reason did not participate in the auction action
b) The bidders, who participated in the auction action if they consider that the auction process was a diminution of their rights.

(4) The Court of Appeal changed the resolution on the hammer so that the hammer does not, if the proceedings were to such defects that the appellant was unable to attend the auction, or if the hammer was awarded because the conduct of the auction or the auction violation law. For the same reasons, the Court of Appeal changed the order of předražku. The provisions of § 219a shall not apply.

(5) Resolution of the Court of Appeal shall be delivered to the persons referred to in paragraphs 1 and 2, or persons referred to in paragraph 5 § 336ja If there was a resolution on the hammer or the appellate court předražku changed, the court of first instance new auction negotiations.

§ 336 l

(1) The successful bidder is entitled to collect the auctioned property with accessories the day following the payment of the highest administration, at the earliest after expiry of the deadline under § 336ja paragraph 1, however, if such a proposal is filed, the property with equipment can take the day following the day on which the předražiteli delivered předražku resolution.

(2) The successful bidder becomes the owner of auctioned property with accessories, took the resolution of hammering force and paid the highest bid, as of the date of the resolution on impact. Předražitel becomes the owner of the property with accessories, took the resolution of legal power and předražku předražek been paid, and the date of its publication.

(3) The highest dose or předražek can be paid either in cash into the coffers court does not exceed the amount determined as the highest possible for payment in cash pursuant to a special legal regulation, or payment on account of court. From the obligation to pay the highest bid bidder is exempted up to a maximum of two-thirds of the highest filing if it can reasonably be expected to occur at a level to satisfy the claims submitted in the schedule.

(4) The court shall establish a lien on the property auctioned for the benefit of creditors of the credit agreement, if the successful bidder shall submit to the court a loan agreement in which

a) loan will be tied up just to pay the highest submission
b) The loan will be paid out of the court, at the latest within two months after the deadline in § 336j paragraph 3 point. b)
c) the loan was made by the creditor, who may in the Czech Republic to conduct activities under the Banking Act.

Court cancels the lien will expire if the period for payment of the highest submission in vain. Against this order is not appealable and shall be supplied only bidder.

(5) Easements and lease rights, unless the apartment lease or easement housing, not mentioned in the auction notice or not announced by the court after the start of the auction negotiations and pre-emptive rights to the auctioned property will expire, which became the successful bidder or předražitel its owner.

(6) The successful bidder or předražitel that has not become the owner of auctioned property, the debtor is obliged to return it, give him rewards and replace the damage caused to him by the management of the property and its facilities.

(7) On the basis of a final resolution on the hammer or final resolution on předražku or předražitel bidder may file a petition for enforcement eviction property.

§ 336 m

(1) Unless the auction, nor made the lowest bid, the court will conduct the auction ends. Other court orders auction negotiations on a proposal or the authorized person who went into management as another legitimate, that may be filed after the expiry of three months from the unsuccessful auction, if no application is made within 1 year, court enforcement stops.

(2) If the successful bidder did not pay the highest bid in the additional period that the court order and those which may not be longer than one month, the resolution on the hammer futile expiry of the additional period shall be deleted and other court orders auction negotiations. Ordered by a court even if the bidder failed to submit the loan agreement, the highest bid was repaid to the deadline specified in § 336 l, paragraph 4, or pay within the time předražek.

(3) At the second auction proceedings under paragraphs 1 and 2, the lowest bid is set at 50% of the final price (§ 336A, paragraph 1); conduct in the third auction is 40% of the final price, 30% in the fourth and the fifth meeting 25% of the auction final price. If they do not sell property even then, the court shall suspend the proceedings.

(4) The regulations and perform other auctions shall apply mutatis mutandis the provisions of § 336B, paragraph 2 and paragraph 4 § 336B point. c), § 336c with the exception of paragraph 1, point. b) and c), § 336d, § 336e paragraph 2, § 336h, 336i, paragraph § 3 and 4, § 336j to 336 liters, § 336n and 336o.

§ 336n

(1) The successful bidder referred to in § 336 m paragraph 2 shall be obliged to reimburse the costs to the state and to those incurred in connection with another auction conduct, the loss suffered by not paying the highest bid, and, if the next auction negotiations achieved lower highest bid, the difference at the highest dose. These commitments will be counted security made declarer; exceeds a certainty these commitments, the remaining bidder returns.

(2) The obligations under paragraph 1, after the hearing, the court ruling.

(3) is insufficient to cover obligations under paragraph 1 of the deposit, the executor shall be enforceable in accordance with a resolution referred to in paragraph 2, to recover the amounts needed a motion for enforcement against the bidder.

(4) Amounts attributable to the reimbursement paid to the state court or participants who have been allocated. Other compensation attributable to the distributed nature.

336o

(1) The auction can also be done electronically using the Internet.

(2) The court sets auction notice

a) the method of registration of bidders, and the way in which bidders must give their name, surname, address, Social Security number, and has not been assigned, date of birth,
b) the method of reporting on the progress at an auction or a link to a website on which it is published,
c) the address of the website on which the auction will take place and where the public can watch the auction,
d) the date and time of the start and end of the auction, during which you can increase submission
e) the date by which the bidder must disclose whether it will pay the highest bid loan with a lien for auctioned property
f) the date of registration of claims,
g) the date of submission of proof of exclusionary action
h) the date of exercise pre-emptive rights of the communication deciding whether the option shown.

(4) For auction conducted electronically shall apply mutatis mutandis to the provisions of § 336B 336n.

336p

(1) Not later than seven days from the date of the first auction to the court notice board and publish a notice of registered claims, which the court decides on the schedule, including communication creditors on their inclusion in the group and the order of the group. The notice shall also describe applications that have been rejected, and the reason for that to happen. The notice will instruct the creditor filed under § 336B, paragraph 4, point. b) and the obligations according to § 336f paragraph 5

(2) If the court date and publication of the rule on any application under § 336f, paragraph 4, it shall indicate this fact on his notification separately. If the application is rejected after the claim, the court will send the creditor, debtor and all registered creditors whose claims court decides in the schedule, additional notice of hearing such claims, and instruct them not later than 15 days from the date of receipt of the notification may deny the claim to its authenticity, above, included in the group, and the order or request that the layout of the distributed nature of a hearing, the fact that the objections or requests for hearing made later disregarded.

336q

(1) If so requested by at least one creditor or authorized or required under § 336B, paragraph 4, point. b) or § 336p paragraph 2, the court after the final resolution of the impact, the payment or submission předražku highest bidder, of the resolution of předražku and the deadline in § 336p negotiations on a schedule distributed by nature.

(2) The court shall schedule a hearing and decide the distributed nature of its distribution also on the tax proposal. Division of nature through the tax, which a proposal filed after the decision issued by the court.

(3) The court hearing schedule summon the parties, which are legitimate, the one who went into management as another legitimate, mandatory and persons who filed the application, unless the application was rejected (§ 336f, paragraph 3).

(4) The summons to rozvrhovému meeting will also be posted on the official notice board of the court.

§ 337

(1) If a hearing on the timetable under § 336q paragraph 1, the court shall allocate channeling the essence according to § 337c.

(2) The provisions of § 336q, paragraph 2 shall apply mutatis mutandis.

(3) The parties are entitled schedule, the one who went into management as another legitimate, mandatory and persons who filed the application, unless the application was rejected (§ 336f, paragraph 4).

§ 337A

Channeling the essence constitute the highest bid and interest from him, or replacements that accrue to the estate under § 336n, paragraph 4, and for the refunds counted certainty bidder referred to in paragraph § 336 m 2 respectively after deduction of value added tax, if mandatory payer of value added tax and if it was auctioned property owned by a debtor.

§ 337b

repealed by Law No. 396/2012 Coll.

§ 337c

(1) The distributed nature of the satisfaction of gradually according to the following groups:

a) the costs incurred by the state claims in this proceeding,
b) receivables from mortgage loans or parts of these receivables is used to cover the nominal value of the mortgage bonds,
c) a legitimate claim, the claim of one who went into management as another legitimate, and claims secured by a lien or security transfer of rights,
d) claims arrears of maintenance
e) claims, taxes, fees and other similar monetary benefits, premiums for public health insurance and social security premiums, contributions to the state employment policy, accident insurance premiums,
f) other receivables.

(2) If you can not fully satisfy all claims belonging to the same group shall be satisfied in turn, claims belonging to the same group that have the same order will be satisfied proportionately.

(3) Unmatured claims secured by a lien shall be considered to be payable in the schedule.

(4) interest, default interest or late charges in the last three years before rozvrhovým negotiations as well as to pay the costs in order to meet the principal. Failing divided nature, payment shall be made before the principal. If the coverage of the nominal value of mortgage bonds are only part of the mortgage debt, meet the demands specified in the first sentence proportionately.

(5) For the order is critical

a) for legitimate claims day in court performance reached its motion for enforcement
b) in the case of claims, which came to control as other authorized, the day is considered to intervene
c) for claims submitted day when the court came application,
d) claims secured by a lien date of the lien.

Position claims are determined by the perspective that it is advantageous.

(6) After payment of all claims that have to be met, the rest of the distributed nature of pay prescribed.

§ 337d

(1) If they were all sold at auction the property on which the encumbered receivable secured by a lien claim for the same 89) (hereinafter “vespolné lien”), shall pay such claims in the schedule of individual elements distributed in proportion to the residue distributed elements, which remaining for each property after payment preceding claims. He asks if the creditor satisfaction in a relationship, he commands the people who would have received as a result of the distributed nature less the amount that would be allocated to such a claim up to the amount of the deficit of distributed trustees.

(2) Unless the auction sold all of the property on which encumbered vespolným claims secured by a lien, the basis for calculating payment of the value of all property determined by a special regulation. 92) Amounts by which creditors would be shortened by a later order that the creditor has a claim secured by a lien vespolným got more than they would fell on him from the proceeds of the property sold, to ensure their proposal lien on unsold property in order to incumbent uspokojenému creditors.

(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the debts which burden the shares of several co-owners of the same property.

§ 337E

(1) The allocation decree the court decides whether the claims that have been denied as to the authenticity of the classification to group or order, if it can be for them to decide without taking evidence, it does not apply to claims for which any part by group or by the order Payment is out of the distributed nature.

(2) Other creditors ask court order within 30 days after the effective date of the resolution filed pursuant to § 267a paragraph 1, if the disputed claims accounting for at least part of the distributed nature of the payment, the amount attributable to the disputed claims the court so that it will discussed later.

(3) The objections which were timely applied under paragraph 2 shall not be considered: that’s aftermath must be advised all who were invited to submit a proposal pursuant to § 267a paragraph 1

(4) The application pursuant to § 267a paragraph 1 can not be applied to the new reality.

§ 337f

(1) After the decision on the petition under § 267a paragraph 1 trial continues splitting the rest of the distributed nature.

(2) If the nature of the layout of a hearing, the court hearing the rest of the division as well as the distributed nature. This court hearing schedule nepředvolá participants whose claims have been under the previous distribution ruling completely satisfied. When you schedule the rest of the distributed nature of otherwise similar procedure under § 337 paragraph 2 and 3, § 337A, 337c and 337d.

§ 337 g

(1) The court shall grant allocation decree debts to their creditors, indicating that the reported receivables of the resolution pays off. For Purchaser claims indicate the extent to which it pays and to what extent it entered against the highest dose.

(2) The court changed the resolution on the schedule, which come into effect after his release if the lender made a notification under paragraph 5 § 336f

§ 337h

(1) The date of legal force of the resolution void liens encumbering the property to the provisions of § 336 l, paragraph 4 shall not be affected.

(2) After the final distribution ruling court shall notify the competent land registry office, the bidder or předražitele about which liens encumbering the property and ceased to counteract bidder.

(3) Following the resolution or resolutions of hammering předražku can not stop the enforcement. Participants may schedule for reasons specified in § 268 to deny a legitimate claim, or other authorized person.

§ 338

Sale coproperty

(1) The forced sale of co-ownership shall be applied the provisions on forced sales of movable and immovable property, unless otherwise provided by law.

(2) In the case of co-ownership share to sell personal property, the court delivers the co-owner of compulsory writ of execution in the implementation of the inventory, or inventory or after after discovering that the case is co-owned and notify him of the auction year. A co-owner is obliged to allow the mandatory inventory things in ownership; mandatory obligation imposed in § 325B and 326b applies to him. , In case of compulsory co-owner auction, and do the same with other bidders highest bid satisfied, hammering him to the provisions of § 329, paragraph 2, second sentence shall not apply.

(3) In the case of a sale of the property co-ownership, co-owner of compulsory court delivers a final writ of execution and auction ordinance; compulsory co-owner may file under the conditions specified in § 336c paragraph 5 auction appeal against the decree. , In case of compulsory co-owner auction, and do the same with other bidders highest bid satisfied, hammering him to the provisions of § 336j second sentence of paragraph 1 shall not apply. A co-owner is entitled to mandatory under the conditions specified in § 336k paragraph 2, second sentence, an appeal against a decision to drill.

Sale of a security

§ 338a

(1) The forced sale of the mortgaged movable and immovable property shall be applied the provisions on forced sales of movable and immovable property, unless otherwise provided by law.

(2) Enforcement sale of movables may be ordered only in the decision marked the sale of collateral. If a pledge to each pledgee or other person which was handed over by the pledge agreement, such persons are obliged to allow an inventory of property and its valuation and the case go to court auction; provisions of § 326b and 325B apply to them mutatis mutandis.

(3) When forced sales do not apply the provisions of § 335, paragraph 2 and 3, unless it is a proposal for further beneficiary of the writ of sale of collateral, and § 336f, unless the secured creditor subscribes receivable sold collateral.

CHAPTER SIX

The establishment of a judicial lien on property

§ 338b

(1) a decision establishing a judicial lien on the property may be ordered only when justified precisely marks the property to which the lien is to be established, and if the deeds issued or authenticated by a notary public authorities or 76) demonstrate that the property is owned by the compulsory . The fact that it has filed a motion for enforcement by establishing a judicial lien on the property, the court shall notify the competent land registry office.

(2) For a measure of the establishment of a judicial lien is critical condition at the time of initiation.

§ 338c

(1) The enforcement decision establishing a judicial lien applies to property with all its components and accessories.

(2) The establishment of a judicial lien is recorded under special provisions in the Land Registry.

(3) The enforcement or execution excludes flats or commercial premises and houses with flats and non-residential premises, unless entered into the real estate owner’s statement, in cases where such dwellings or non-residential premises have the exclusive right to acquire property under § 23 and 24 of Law No. 72/1994 Coll. adapting certain co-ownership relationship to the buildings and some of the ownership rights to housing and non-residential premises and amend some laws (Act on ownership), as amended.

§ 338d

(1) To order a judicial lien on the property is a crucial day in which the court reached a proposal for the establishment of a judicial lien, if there have been several proposals on the same day, have a lien same order. If it was not for the recovery previously established statutory or contractual lien is governed by the order of a judicial lien order of lien.

(2) For claims for which it was established judicial lien can result in the forced sale of real estate directly or against any subsequent owner of the property, which it acquired contractually.

§ 338e

(1) In the exercise of a judicial decision establishing a lien on the property do not apply the provisions of § 263-266, § § 268 and 267a, paragraph 1, point. e). The provisions of § 268, paragraph 1, point. g) can be used only disappear if the right decision granted before the application of this regulation enforcement.

(2) If the execution of the decision establishing a judicial lien lawfully stopped, the lien expires from the beginning. When he was finally stopped only partially true that from the beginning ordained for the claim only in an amount corresponding to the stop after execution.

(3) Resolution of suspension or partial suspension of the enforcement court will send the legal power to the competent land registry office.

Chapter Seven

Disability business

Regulation enforcement

§ 338f

(1) Enforcement handicap company 93) may be ordered only when authorized designated enterprise whose disability claims, and if proves that the company is the property of the debtor.

(2) A further entitled to a measure of disability the same company filed with the court before the court finally decided to execute a judgment shall be deemed to intervene as of the date of the request. The proposal further authorized, which was filed with nepříslušného court, the court shall refer the decision to the competent court without, in which case the proposal shall be deemed to intervene from the date of a denial of a competent court. Other authorized to accept the case, which is on its accession.

§ 338 g

(1) For a measure of business people is critical condition at the time of initiation.

(2) Regulation enforcement refers to the assets, rights and other property values that are used to operate the business or by their nature should serve this purpose, according to the state as there is at the time of impact.

(3) The performance of a decision can not be affected by an undertaking, if the bank.

(4) The enforcement or execution excludes flats or commercial premises and houses with flats and non-residential premises, unless in the Land Register of the Czech Republic entered a statement of the owner, in cases where such dwellings or non-residential premises are entitled to exclusive acquisition of property under § 23 and 24 of Law No. 72/1994 Coll. adapting certain co-ownership relationship to the buildings and some of the ownership rights to housing and non-residential premises and amend some laws (Act on ownership), as amended.

§ 338h

(1) A writ of execution court shall appoint an administrator of the enterprise (the “Administrator”) and compulsory

a) prohibit, after service of the order, or part of an undertaking transferred to someone else;
b) require the court within 15 days from receipt of said resolution, if and who has access to the enterprise to its parts or to things, rights or other values belonging to the enterprise option, with instructions that, when required to notify responsible for damage caused by ;
c) prohibit, after service of the order things, rights and other property values that are used to operate the business or by their nature are to serve this purpose, transferred to another person, is encumbered or otherwise dealt with them without the consent of the administrator;
d) commands that allow administrators at any time inspect the accounting records and other documents relating to the company and without limitation to enter any premises enterprise.

(2) Resolution on the enforcement of court shall deliver legitimate, those who came to intervene as authorizations, mandatory, obligatory husband, administrators and competent registration court or authority that leads the Registry, which is a mandatory written.

(3) After final court delivers the writ of execution to persons who are known to have the company or the individual things, rights and other property values that are used to operate the business or by their nature should serve this purpose, preemption, mortgage or lien, persons whose rights belonging to the company was ceded to secure a creditor’s claim statutory 83) or were transferred to secure the liability insurance for the benefit of its creditors, 84) and finance and local authority in whose area the company is in the circuit has required its domicile (residence, place of business). After the final resolutions also be posted on the official notice board of the court. The fact that the resolution has become final, the court shall notify the competent commercial court or authority that leads the Registry, which is a mandatory written.

Administrator of the enterprise

§ 338i

(1) The court shall appoint an administrator of the person registered under special rules in the list of trustees 94). Exceptionally, the court may appoint an administrator and a person not entered in this list if it meets the conditions for inclusion in the list if the administrator agrees with the provision.

(2) In the selection of the court administrator account, in particular, whether the trustee with regard to the nature of business the necessary prerequisites for the proper governance. Persons whose names appear in the list of trustees may reject as controller only for important reasons, which will assess court.

(3) The administrator must perform his duties with due diligence and is responsible for damage caused by culpable breach of its obligations imposed on it by law or which obliged him to court.

(4) The administrator is entitled to remuneration and reimbursement of cash expenses.

(5) The payment of cash expenditures, spent mainly in connection with retaining an expert, the court shall give the advance upon request. Cash expenses paid out of the deposit shall be considered costs of enforcement.

§ 338j

(1) The administrator of the performance of their duties excluded, if the light of its relationship to the point, the participants or their representatives, there is no reason to doubt his impartiality.

(2) Whether the administrator is excluded, the court, before making a decision usually requires administrator expression. Against his order is not subject to appeal.

(3) If the court decides that the administrator is expelled from his position at the same time you release the function and appoint a new trustee.

§ 338k

(1) Administrator in the exercise of their functions follows the law and other regulations and instructions of the court; care that after the enforcement of no reason to reduce the property casualty business, or that the assets of the company increased as expected. To ensure proper business assets provides appropriate measures, in particular inform the financial institution that the funds in the account of the debtor, which is used to run a business, a mandatory deal only with its consent. If required by the circumstances of the case, the administrator can invite compulsory borrowers to fulfill their financial debts have composed the account of the debtor, who has set up for this purpose. If the administrator that is part of the business property, without undue delay, notify the appropriate land registry office, it was enacted enforcement people business and that mandatory not without his consent to transfer property to another person, encumber it or otherwise dispose of.

(2) Compliance with the operations manager insurance must be given in writing at the writing tasks must be included on the same list. Legal acts of the debtor, which made without the consent of the administrator is invalid.

(3) If the administrator asks the debtor’s debtor to fulfill its monetary debt consisted to an account, not the debtor after the delivery of debt meet otherwise. If the debtor fails to comply with the statutory debt in line with the call manager, the administrator is entitled to claim as a representative of the proper fulfillment of the statutory debt.

(4) fails to properly and timely mandatory tasks necessary to prevent imminent damage to property of an enterprise is required to perform such acts as deputy administrator of the debtor.

(5) If the administrator refuses to give consent for mandatory action needed for the proper operation of the enterprise, the mandatory court propose that assented to his manager replaced. The court will decide on the proposal after hearing the administrator and the debtor; against his order is not appealable.

(6) In disputes and other proceedings in which a party is required, relating to the company, the administrator is authorized to represent the insurance even without his consent, while a similar position as the representative of a party on the basis of the authority (§ 28a, paragraph 1). As long as the administrator of the enterprise represents a mandatory, not another person’s insurance or deputize for him to act.

Court Supervision

§ 338 l

(1) The court oversees how the manager performs its duties imposed by law and other laws, regulations or court. In the exercise of activities dohlédací the court is entitled to ask the manager to report on its activities, inspect documents and insurance administrator and make the necessary inquiries. If the deficiencies in the activities of an ordered administrators to remove them; against that order is not appealable.

(2) A breach of duties in the performance of the court may impose a fine of administrators; follows a similarly according to § 53

(3) If the administrator fails to comply properly with their obligations or for other serious reasons, the court may, upon request of any of the participants or the trustee or of its own motion controller release function. Indemnify the court administrator functions simultaneously appoint another manager. Administrator who was acquitted function, shall duly give the new administrator and provide it with all necessary information and documents.

Price enterprise

§ 338 m

(1) Upon final resolution to execute a court decision saves administrators to

a) based on the data found in the financial records of the company, what things, rights and other assets and liabilities which are used to operate the business or by their nature should serve the purpose, does not allow if the mandatory správci properly inspect the accounting records, procures court administrators on his proposal access to these records, in justified cases, the cooperation of judicial authorities Guard or Police of the Czech Republic,
b) find out what are the business income and expenses,
c) carried out an inventory of assets, rights and other assets and liabilities, which he managed to find out that is used to run a business or due to their nature they serve this purpose, it is not possible to determine the necessary data the procedure referred to in point a).

(2) Based on the findings in accordance with paragraph 1, the administrator within the period set by the court preliminary report on whether to satisfy the claims to be recovered is preferable to continue to manage business or sell it.

(3) A copy of the preliminary report delivered to the authorized court, those who came to control as other privileges, and mandatory and allow them to comment on the content of messages expressed in a reasonable time. The objections relating to the statutory list of things, rights and other assets that administrators cooperated pursuant to paragraph 1. c), shall be disregarded.

(4) The court may impose administrators to report additional information or to submit the court necessary explanations. To clarify the relevant facts may also make the necessary investigations.

338 mA

(1) Based on the findings under § 338 meters or other relevant aspects, which it can obtain, and in consultation with the persons referred to in § 338 m paragraph 3 the court will decide whether to continue enforcement or administration of the enterprise will be directed to its sale at auction.

(2) If the court to continue the enforcement business administration ordered managers to pay a yield management authority or the person who went into management as another legitimate, every three months, unless for an extended period. The provisions of § 320H shall apply mutatis mutandis.

Sale of business

338 megabytes

(1) Upon final resolution under § 338 mA, which was enacted in the auction sale of the company, the court ordered administrators to report on the cost of enterprise, which found, based on data pursuant to § 338 meters or other relevant aspects, and on the basis of a valuation expert which the Administrator has gained approval of the court.

(2) A business valuation is used the usual price.

(3) Unless the court decides otherwise, the controller included in the report on state business,

a) what things, rights and other assets belong to the company and what they’re worth,
b) how much is in the enterprise funds in cash and deposited in an account at a financial institution in the currency of the Czech Republic,
c) what are the obligations of the company and what they’re worth,
d) what financial obligations are to the company and how much is total,
e) what is the net worth business.

(4) To report to the administrator of the price undertaking shall apply mutatis mutandis § 338 m paragraph 3 and 4

§ 338n

(1) The content of the report administrator about the court determines the price of company

a) the price of things, rights and other assets belonging to the enterprise,
b) the amount of cash on hand and deposited in an account at a financial institution in the currency of the Czech Republic, belonging to the enterprise,
c) the value of all liabilities belonging to the enterprise,
d) the amount of the pecuniary obligations belonging to the enterprise,
e) the observed price and the company.

(2) Determination of price undertaking the court determines the amount of the net assets of the enterprise; resources referred to in paragraph 1, point. b) when the account.

(3) There is evidence to or obtained the consent of the persons referred to in § 338 meters, paragraph 4, need not be ordered negotiations.

(4) Resolution pursuant to paragraph 1 the court delivers legitimate, those who came to intervene as additional privileges and principal.

(5) Upon final resolution pursuant to paragraph 1 shall have every right to see the report on the cost of business.

(6) If the court finds that the price of assets, rights and other assets belonging to the company together with the means referred to in paragraph 1, point. b) does not exceed the amount outstanding financial obligations belonging to the enterprise, and the legitimate claims of those who came to intervene as additional permissions that do not belong to the company, and the estimated cost of sales, administrative fee and reimbursement of cash expenses, or that it exceeds only slightly the performance decision to stop.

Auction notice

§ 338o

(1) Upon final resolution on the price of court orders, if no enforcement lawfully stopped, conduct an auction (auction).

(2) In the statement a resolution to conduct an auction (auction notice), the court shall

a) the time and place of the auction conduct (§ 338q)
b) the sold business
c) the information specified in § 338n, paragraph 1,
d) the amount of the lowest bid (§ 338r para 1)
e) the level of certainty and method of payment (§ 338r paragraph 2),
f) a statement that the price of assets, rights and other assets belonging to the company, the amount of cash on hand and deposited in an account at a financial institution in the currency of the Czech Republic, belonging to the company, the price of liabilities belonging to the company, the amount of monetary obligations belonging to the enterprise , determined by the price of the company and lowest bid may be modified taking into account the increase or decrease of the equity business, which is to conduct an auction (§ 338 tons paragraph 1),
g) the conditions under which the bidder may assume auctioned enterprise, and in which the auctioned firm goes to his estate (§ 338z paragraphs 1 and 2),
h) a statement that the essence of the schedule may be justified, those who came to intervene as additional privileges and other creditors to seek satisfaction of other statutory enforceable claims or claims secured by a lien, detention law, the assignment of the claim 83) or transfer of rights, 84)

than for which it was enacted enforcement, if it belongs to a company, if the logs later than five days before the date of the auction action if the application indicating the amount of the claim and its accessories and demonstrate to the relevant documents, and told that the applications for in which the amount of the claim or its accessories will be given, not taken into account (§ § 338s and 338zn paragraph 2),

i) a statement that the undertakings belonging to the company, which will not be satisfied in the exercise of judgment, shall pass to the bidder (§ 338zk)
j) an invitation to anyone who has a law that does not permit auction (§ 267), is applied in the courts, and that such application of the law established by the auction before the meeting, warning that otherwise his right to be in the execution of the decisions taken into account,
a) an indication that people who have a business, or part of it to things, rights and other property values that are used to operate the business or by their nature should serve this purpose, pre-emptive right, it can be applied only in the auction as auctioneers hammer and that granting the right of first refusal expires
l) an indication of where and when you can access to a report on the price of the company (§ 338n, paragraph 5).

§ 338p

(1) Auction decree the court delivers:

a) authorized, those who came to intervene as additional privileges, mandatory, mandatory spouse, persons for whom he is known to have the company or to things, rights and other property values that are used to run a business or due to their nature to serve this purpose, pre-emptive right or lien or right of retention persons to whom the rights belonging to the company was ceded to secure a creditor’s claim statutory 83) or were transferred to secure the liability insurance for the benefit of its creditors, 84) persons who have known its recoverable claims or claims secured by a lien, detention law, assignment or transfer of rights claims belonging to the enterprise, and the relevant documents are shown, and the persons referred to in § 338zn paragraph 1,
b) the tax office and local authority in whose area the company is in the district of residence is required (residence, place of business);
c) those who collect contributions for social security contributions to the state employment policy and public health insurance,
d) the municipal authority with extended powers in whose district the business.

(2) Persons referred to in paragraph 1 point. a) a court decree auction delivers into their own hands.

(3) The court shall be posted on the day of the release auction notice on the official board of the court and ask the local authority in whose district is undertaking to decree or its essential content published in the usual way. Writ of execution simultaneously removed from official board court.

(4) In justified cases, the court may decree an auction or its essential content to publish in national or local newspapers, or other appropriate means.

(5) A auction notice may appeal only legitimate, those who came to intervene as additional privileges, mandatory and persons who have a business or to things, rights and other property values that are used to run a business or due to their nature to serve this purpose, pre-emptive right. Appeal only against statements referred to in paragraph 2 § 338o point. a), b), f) to l) is not permitted.

§ 338q

(1) The auction is carried out in the place where the business or in court or at another suitable location.

(2) the court orders auction meeting at least 30 days after the date of the auction notice.

§ 338r

(1) The lowest bid court set at half the prices of things, rights and other assets belonging to the company [§ 338n, paragraph 1, point. a)], but no more than two thirds of the observed prices of the company [§ 338n, paragraph 1, point. e)].

(2) The amount of the security court according to the circumstances of the case, however, the maximum amount not exceeding three quarters lowest bid. Assurance can be paid either in cash to the coffers court or a payment on account of the court; payment to the court may be taken into account only if it was before the auction negotiations revealed that the account of the court also arrived.

(3) A person who intends to apply for an auction of its right of first refusal, the court must prove before the auction at the latest meeting.

§ 338s

(1) A creditor who has a claim against a debtor granted decision, settlement or other title listed in § 274 (enforceable claim) or a claim secured by a lien, detention law, the assignment of the claim 83) or transfer of rights, 84) which belongs to the company, the log it in court within five days before the date of the auction negotiations. Legitimate or who went into management as another legitimate, they can lodge their claims, only if they have been awarded the decision, settlement or other title listed in § 274 after a final writ of execution.

(2) The application shall specify the amount of the claim and its accessories, whose satisfaction with the lender seeks mandatory, otherwise the account application, on the aftermath of the creditor must be instructed in the auction notice. The entry form must be accompanied by documents proving that they are enforceable claim or a claim secured by a lien, detention law, the assignment of the claim 83) or transfer of rights 84) and that it belongs to the company, unless these facts arising from the content of the file.

(3) Late registration and registration of claims, which do not belong to the company, the court rejects the resolution, against the resolution is not appealable.

§ 338 tons

(1) Following the auction notice court administrators stores that gave him before the auction negotiations on whether there has been compared to the state, which was decisive for resolution pursuant to § 338n, paragraph 1, a change in circumstances pursuant to § 338 m paragraph 3, or both these circumstances have changed.

(2) If the administrator does not give the court properly and timely report under paragraph 1, the court had ordered the State to pay the costs of dashed auction and auction participants to the proposal to replace them costs them in connection with participation in this auction incurred. The aftermath of this controller must be instructed.

The auction negotiations

§ 338u

(2) As the auctioneer may participate only one who paid for the auction to start negotiations certainty (§ 338r paragraph 2).

(3) The bidders must act judges, court employees, mandatory, obligatory husband, a manager bidder referred to in § 338za paragraph 2 and those which hinder the acquisition by a special regulation.

(4) The provisions of § 336h, paragraph 3 shall apply mutatis mutandis.

§ 338v

(1) If it has been found that an application was made to exclude the sold business or a part of the enforcement (§ 267, paragraph 1), the court shall adjourn the hearing auction until a final decision on the proposal.

(2) If a proposal to remove individual items, rights or other assets belonging to the company, the court shall consider the circumstances of the case, whether to adjourn the meeting until a final decision on whether to take action or to auction. In case you proceed to auction, the court notifies the bidder to the matter at issue, rights or other assets.

(3) did not the administrator to initiate negotiations auction report under § 338 tons paragraph 1, the court of claims under § 338 tons paragraph 2 shall adjourn the meeting and auction. When the new regulation re-auction negotiations proceed in accordance with § 338o to 338 tons.

§ 338 watts

(1) After the start of the auction negotiations judge

a) Determine whether there is evidence of pre-emption rights (§ 338r paragraph 3),
b) based on the reports of the trustee under § 338 tons paragraph 1 Resolution determines the new price of things, rights and other assets belonging to the company, the amount of cash on hand and deposited in an account at a financial institution in the currency of the Czech Republic, belonging to the company, the price of liabilities belonging to the company, the amount of monetary liabilities belonging to the enterprise and the resultant cost business
c) states corresponding to the lowest bid,
d) notify creditors who register their claims and in what amount, or creditors who are entitled to the satisfaction of their claims under § 338zn paragraph 1

(2) A resolution pursuant to paragraph 1. a) b) and c) is not appealable.

(3) If the court finds that the price of assets, rights and other assets belonging to the company together with the means specified in § 338n, paragraph 1, point. b) does not exceed the amount outstanding financial obligations belonging to the enterprise, legitimate claims, those who came to intervene as additional privileges and other registered lenders that do not belong to the company, and the estimated cost of sales, administrative fee and reimbursement of cash expenses, or that it exceeds only slightly, enforcement stops.

(4) If the enforcement stopped after a judge acts under paragraph 1 shall invite those who can bid to make the filing.

(5) The auction will be held until the administration makes auctioneers, auctioneers are bound by their pleadings until the court granted hammer. Price auctioned enterprise is not limited to the provisions of the pricing regulations.

§ 338x

(1) Blows may be granted to the person who made the highest bid and which are the other conditions provided by law. Made if more bidders the same highest bid, court grants hammering the first who demonstrated the pre-emptive right to the company, then to those who show the pre-emption right to the part of the business or individual things, rights or other property values that belong to the company, and then , unless otherwise auctioneers, who made the same highest bid, bidder, which was determined by lot.

(2) Before issuing a hammer, the judge will ask those present at the auction, whether they object to hammer; objections filed legitimate, the one who went into management as another legitimate, mandatory and auctioneer shall be specified in the protocol.

(3) If the court granted in view of the objections raised by hammering continues in the auction by calling penultimate submission; against that order is not appealable. Otherwise, the court shall order hammering.

(4) In order to knock the court sets a deadline to pay the supreme administration, which begins on the date of legal force of impact and must not be longer than two months. The highest bid will be counted declarer the security.

(5) bidders that were granted hammering, returns paid security post auction negotiations, but if objections filed against the hammer, return them for a final resolution of the impact.

§ 338y

(1) Resolution of the hammer court delivers to the creditor, the one who went into management as the next person entitled to compulsory, spouse of the debtor, the bidder and the bidders who oppose granting hammering objected.

(2) A resolution on the hammer may appeal the person referred to in paragraph 1 Within 15 days of the auction negotiations may also appeal the person referred to in § 338p, paragraph 1, point. a) which have not been delivered to the auction notice, if that reason did not attend the auction negotiations.

(3) The provisions of § 336k paragraphs 3 and 4 shall apply mutatis mutandis.

§ 338z

(1) The successful bidder is entitled to take over the company already auctioned off on the day after the resolution on impact. Company passes bidder at his request, the administrator in cooperation with the obligatory; takeover with a written statement. The transmission company shall notify the court administrator.

(2) Sell enterprise becomes the property of the Purchaser, took the resolution of hammering force and paid the highest bidder filing, as of the date of the resolution on impact. On the same date, the successful bidder becomes the owner of things and enter into the rights and obligations belonging to the company.

(3) The pre-emptive right to vydraženému company, its parts or individual things, rights or other values shall expire on which the undertaking became the property of the bidder.

(4) If the company does not enter the auctioned property of the bidder, the bidder must return the auctioned firm compulsory, give him benefits and pay damages caused to him by the management company.

§ 338za

(1) Unless the auction, nor made the lowest bid, the court will conduct the auction ends. Other court orders auction negotiations on a proposal or the authorized person who went into management as another legitimate, that may be filed after the expiration of three months from the unsuccessful auction, if no application is made within six months, the court enforcement stops.

(2) If the successful bidder did not pay the highest bid in the additional period to him by the court and which may not be longer than one month, the resolution on the hammer futile expiry of the additional period shall be deleted and other court orders auction negotiations. The responsibilities and obligations of the Purchaser and adjudication shall apply mutatis mutandis the provisions of § 336n.

(3) The next auction proceedings under paragraphs 1 and 2, the lowest bid is set at one quarter the price of, rights and other assets belonging to the company [§ 338n, paragraph 1, point. a)], but no more than one third of the observed prices of the company [§ 338n, paragraph 1, point. e)], otherwise the regulation, and a further auction shall apply mutatis mutandis the provisions of § 338p, 338q, 338r paragraph § 2, § 338 tons, 338u, 338v paragraph § 2, § 338z up to 338 watts. Unless the company is sold at the next auction or negotiation of the reasons mentioned in paragraph 1, first sentence, the court enforcement stops.

Schedule

§ 338zb

(1) Upon final resolution of the impact and after paying the highest bidder filing court directs the negotiations on schedule distributed nature.

(2) The court hearing schedule summon the parties, which are legitimate, those who came to intervene as additional permissions required, administrator, bidder, the person who filed the application, unless the application was rejected (§ 338s, paragraph 3) and persons referred to in paragraph 1 § 338zn

(3) The summons to rozvrhovému negotiations shall be put up on the notice board court.

§ 338zc

Resources are allocated by the nature referred to in § 338n, paragraph 1, point. b) the highest bid and interest from him, or replacements that accrue to the estate under § 338za paragraph 2, second sentence, and those refunds counted certainty bidder referred to in paragraph 2 § 338za

§ 338zd

(1) The schedule meetings to discuss the claims which may be satisfied from the distributed nature.

(2) Each of the creditors, which is present conduct is required to quantify its claim and its accessories on distribution schedule meetings and indicate to which group they belong, and the facts relevant to the order. Claims of other creditors and their accessories calculates the date of a distribution group meetings and their sequence and state court based on data contained in the file. After hearing of a distribution can not be taken into account that part of the claims and their accessories, which has not been quantified.

(3) Each of the participants in the schedule can deny denominated claims as to their authenticity, above, classification by category and ranking. The objections of people who failed to rozvrhovému meeting shall not be considered unless they are applied and documented before the hearing.

(4) The claim under § 338zf bidder can not be denied.

§ 338ze

(1) The results of a distribution of negotiations with the distributed nature gradually satisfied by the following groups:

a) the costs incurred by the state claims in connection with the implementation of auctions, new auction or other auction and payment of the deposit under § 338i, paragraph 5,
b) the claim and pay the trustee and the cash expenses
c) the claim under § 338zf bidder,
d) claims secured detention law
e) a legitimate claim, the claim of one who went into management as another legitimate, and claims secured by a lien, assignment, claim 83) or transfer of rights, 84)
f) claims arrears of maintenance
g) claims, taxes, fees and other similar monetary benefits, premiums for public health insurance and social security insurance and contribution to the state employment policy, accident insurance premiums, if they were not satisfied by the letters e),
h) other receivables.

(2) If you can not fully satisfy the claims belonging to the same group shall be satisfied in turn, claims belonging to the same group that have the same order will be satisfied proportionately.

(3) Unmatured claims secured by a lien, assignment or transfer of rights claims are considered to be payable in the schedule.

(5) For the order is critical

a) for legitimate claims day in court performance reached its motion for enforcement
b) in the case of claims, which came to control as other authorized, the day is considered to intervene
c) for claims submitted day when the court came application,
d) claims secured by a lien, detention law, assignment of the claim 83) or transfer of rights 84) day of such rights,
e) the creditor’s claim referred to in § 338zn day to manage your debts in order of proceedings for enforcement seizures or sale of movable or immovable property.

Position claims are determined by the perspective that it is advantageous.

(6) After payment of all claims that have to be met, the rest of the distributed nature of pay prescribed.

(7) If the claim is fully satisfied by the administrator pursuant to paragraph 1. b) ordered court order this mandatory obligation, legitimate, those who came to intervene as additional privileges and lenders who register their claims (§ 338s) for the fulfillment of this obligation jointly and severally liable.

§ 338zf

Bidder has a claim against the estate if

a) the amount of the pecuniary obligations belonging to the company along with legitimate claims, those who came to intervene as additional privileges and other registered lenders that do not belong to the company and to be paid from the estate, does not channeling the essence, in the amount of the difference or
b) claims legitimate, those who came to intervene as additional privileges and other registered creditors, to be met by definition, do not exceed allocated by nature, in the amount of the difference.

§ 338zg

(1) The allocation decree the court decides whether the claims that were denied at the hearing schedule in terms of authenticity, above, included in the group or order, if it can be for them to decide without taking evidence, it does not apply to claims for which even partly by group or by the order payment is out of the distributed nature.

(2) The provisions of § 337E paragraphs 2, 3 and 4 shall apply mutatis mutandis.

§ 338zh

(1) After the decision on the petition under § 267a paragraph 1 the court orders a hearing schedule the rest of the distributed nature.

(2) This court hearing schedule nepředvolá participants whose claims have been under the previous distribution ruling completely satisfied. When you schedule the rest of the distributed nature of otherwise similar procedure under § 338zb paragraphs 2 and 3, § 338zc, 338ze and 338zf.

§ 338zi

(1) The court shall grant allocation decree debts to their creditors, payment of bonuses and cash expenses to provide managers and payment of claims under § 338zf bidder shall be provided.

(2) The court granted the amount paid after the legal effect of the resolution.

Report on the performance of enterprise management

§ 338zj

(1) After the auctioned firm became the property of the bidder and the manager gave him the business, court administrator shall submit a final report on the performance of their functions and will charge fees and cash expenses.

(2) The court shall deliver a report to the creditor, to those who came to intervene as additional privileges, mandatory, compulsory and husband bidder.

(3) The court shall examine the report and decide on its approval during negotiations; conduct need not be ordered if the person referred to in paragraph 2 within a specified period not communicate its objections to the report.

(4) Upon approval of the report released from court administrator’s office.

Transfer of rights and obligations to the bidder

§ 338zk

(1) The bidder, in whose company auctioned property passed, passes

a) the assets, rights and other property values that are used to operate the business or by their nature are to serve this purpose;
b) rights resulting from industrial or other intellectual property relating to business enterprise auctioned unless it is contrary to the contract for the provision of such rights or their nature;
c) the rights and obligations arising from the employment relationship of the employees of the company auctioned;
d) liabilities belonging to vydraženému that have not been satisfied with the schedule, including their security.

(2) The transition of the debt or other obligation of compulsory bidder enters as debtor in his place, to the commitment, the transition does not require consent of the creditor.

(3) If the acquisition or retention of the rights referred to in paragraph 1 point. b) governing the implementation of certain business activities, will be counted in this activity declarer made after hammering and activities carried out in the operation of the business prior to its sale at auction.

(4) The lease or sublease agreement for residential premises entered into compulsory as the tenant or landlord may terminate the bidder within the period prescribed by law or by the contract for reasons other than the special zákon95) or than had been agreed, it is also true if the lease was concluded for a fixed period. Other party’s right to compensation for damage incurred is not affected.

(5) In addition to the commitments that meet the schedule expires and their collateral.

Communication to other authorities

§ 338zl

(1) That the auctioned firm became the property of the bidder (§ 338z paragraph 2), the court shall notify the competent commercial court or authority that leads the Registry, which is a mandatory written. Registration court or other authority shall then make the entry on the sale of business in the relevant register.

(2) If the property belongs to the company, the court shall notify the appropriate land registry office, the owner of the property has become a bidder, in the event that the property has been pledged as security at the same time indicate whether counteracts bidder whether or expired.

(3) If enforcement is suspended, the court shall give notice of the resolution by the competent commercial court or authority that leads the Registry, which is a mandatory written, if necessary by the appropriate land registry office.

§ 338zm

(1) None of the creditors whose claim was transferred to the bidder (§ 338zk paragraph 2), can not argue that the sale of the auction deteriorated collectability of its receivables.

(2) Mandatory liable for defects of goods, rights or other assets belonging to the company, which was sold at auction.

Other performances decision

§ 338zn

(1) Regulation enforcement business people postponing implementation of decisions already ordered the sale of movable and immovable property belonging to the company and executive orders commandments belonging to the company other than receivables from bank accounts. Permissions from these performances is considered as a creditor listed in § 338s, without the need to sign a claim, this applies even if the recovery does not belong to the company.

(2) Enforcement sale of movable and immovable property belonging to the company or commandments belonging to the company other than the claims of the bank account, which was enacted after a measure of disability business will fail. Right these legitimate log recovery under § 338s unaffected.

(3) If there was no claim of creditors referred to in paragraphs 1 and 2 meet the schedule distributed nature, the court continues after the enforcement people in business management, if the company was sold at auction and it is a claim belonging to the company, the onset in the post compulsory bidder.

Suspend enforcement

§ 338zo

(1) If the enforcement business people stopped, the court asks the administrator to gave him a final report on the performance of their duties and to report their reward and cash expenses.

(2) The court shall deliver a report to the creditor, to those who came to intervene as additional privileges, compulsory and obligatory husband.

(3) The provisions of § 338zj paragraphs 3 and 4 shall apply mutatis mutandis.

(4) The obligation to pay compensation administrators and cash expenses the court imposes either mandatory or jointly and severally authorized, those who came to intervene as additional privileges and creditors who register their claims (§ 338s and 338zn), and that accordingly, the reason to stop the execution occurred.

Affected part of the business

§ 338zp

(1) The enforcement part of the business people forming a separate organizational unit shall be applied the provisions on enforcement handicap company, unless the law provides otherwise.

(2) The management of the business carried out by the administrator applies to business transactions relating it managed organizational unit of the enterprise.

Disability co-owner of the share company

§ 338zq

(1) The enforcement people share a co-owner enterprise shall be applied the provisions on enforcement handicap company, unless the law provides otherwise.

(2) co-owner of compulsory court delivers a final writ of execution disabilities auction company and ordinance; compulsory co-owner may file under the conditions referred to in paragraph 5 § 338p appeal against the auction notice.

(3) Obligations imposed mandatory in § 338 meters applies to the co-owner of the company.

(4) Measures enterprise administrator for combating co-owner insurance.

(5) To co-owner insurance valid § 338k paragraph 2 to 6

(6), in case of compulsory co-owner of the auction, and do the same with other bidders highest bid, shall give his hammer to the provisions of § 338x, paragraph 1, second sentence shall not apply.

(7) A co-owner is entitled to mandatory under the conditions specified in § 338y paragraph 2, second sentence, an appeal against a decision to drill.

§ 338zr

Sale of a security

(1) The forced sale of mortgaged enterprise enjoy the enforcement provisions of the sale of a business, unless the law provides otherwise.

(2) When forced sales company pledged to apply the provisions of § 338f, paragraph 2 and 3, unless it is a proposal for further beneficiary of the writ of sale of collateral, and § 338s, unless the secured creditor subscribes receivable sold collateral.

CHAPTER EIGHT

Satisfy the rights of the non-monetary performance

Proposal

§ 339

(1) The following provisions shall execute the decisions which impose an obligation other than the payment of a sum of money.

(2) If the proposed decision is also legitimate power costs for which he was awarded the decision, as well as the costs of enforcement will be indicated in the application for enforcement, how to be on his claim costs met.

Clearance

a) without compensation

§ 340

(1) imposes a decision, whose performance suggests that mandatory vacated the property, building, apartment or room in which it is not necessary to ensure an adequate substitute flat, spare apartment, alternative accommodation or shelter, the court shall order enforcement and the legal force of such resolution through enforcement.

(2) The court shall notify the insurance of at least five days in advance, when the eviction will take place. Also inform the Authority and the competent authority of the municipality.

§ 341

(1) a decision shall be made by the court shall make provision for the building of vyklizovaného

a) were removed belongings mandatory and members of his household, as well as things that are owned by someone else, but with the consent of the mandatory evacuation placed in or on the building evacuation,
b) were banished mandatory and all who reside there under the right of the debtor.

(2) Matters vyklizovaného removed from the object casting the debtor or any of the adult members of the household.

(3) In the absence of eviction nobody who could take over the case, or if the acceptance of the goods rejected, put down the case and put the cost of insurance into custody municipality or other appropriate custodian, if not things can be put into custody, enforcement is not feasible. The court shall notify insurance about who his belongings were put into custody.

(4) The procedure referred to in paragraph 3 shall not apply in the case of apparently worthless thing. In this case, the court case is documented and order its destruction. The destruction due to inform the insurance of at least five days in advance before it occurs. Destroying things is done so that the court passes for recovery or disposal or it shall provide the person authorized to collect or purchase of waste under a special legal regulation 102).

§ 342

(1) If you did not pick up things required by the village or custodian within six months from the date on which they were kept, will be sold on a proposal from the municipality (custodian) in accordance with the provisions for the sale of movables.

(2) The proceeds of sale shall pay court costs after deduction of compulsory deposit and costs of sale. If mandatory refuses to take the rest of the proceeds or residence is unknown, the court reasonably under § 185 g; period under § 185 grams paragraph 1 shall run from the date of compulsory refused to take the rest of the proceeds or the proceeds of the rest of the court returned as undeliverable.

(3) Things that are not sold, the court will offer community or custodian to cover the cost of custody for two thirds of the estimated cost; refuse to take things accrue to the state.

(4) Costs deposit, which will be paid from the proceeds of sale or assumed things must compensate the municipality (custodian) is not obligatory, the obligation of the court shall rule on the community (custodian).

b) the provision of substitute housing or shelter

§ 343

(1) imposes a decision, whose performance suggests that mandatory vacated apartment or room for which it is necessary to ensure adequate substitute flat, spare apartment, alternative accommodation or shelter, court orders enforcement only if it is established that the mandatory is provided such replacement housing that was designed in the implementation of decisions, or that the debtor is provided shelter, if performed by the decision that he belongs at eviction shelter. After the final resolution of the court enforcement executed.

(2) Provision of substitute housing or shelter for the insurance must prove justified.

(3) If the evidence that the housing compensation was provided for mandatory and that corresponds vykonávanému decision, or that it was mandatory to ensure shelter, deed issued by a public authority or municipal body or notarial deed, the court against the decision of the enforcement action. In determining whether housing compensation was provided for mandatory and whether it corresponds vykonávanému decision or whether it was mandatory to ensure shelter, the court performs other evidence necessary to establish the facts than were participants proposed.

§ 344

(1) The court shall notify the insurance of at least five days in advance, when the eviction will take place. Also inform the Authority and the competent authority of the municipality. If it is necessary, in particular if it is not mandatory present, it meets the executor conducting clearance to do so the right person, if possible, a representative of the community.

(2) Enforcement shall be effected in the manner set out in § 341 paragraph 1, with the deleted things move to the designated substitute housing (to shelter).

(3) If the court for enforcement of, or during its implementation to that for insurance was not in fact intended for replacement housing (shelter) ensured enforcement stops.

(4) After moving performer performing predetermined clearance mandatory replacement housing or any of the adult members of the household; refuse to take the substitute housing, stores the keys to the court or the municipal authority and the obligation to give notice. Will not start if the mandatory replacement housing without good reason within six months after the deposit taking, the right to housing compensation insurance expiry of that period cease to exist.

(5) If possible things or some of them move to the designated substitute housing (to shelter), proceed by analogy with § 341 paragraph 2 and § 3 and 342nd

Removing things

§ 345

(1) imposes a decision, whose performance suggests that mandatory authority issued or added thing, takes care of the court for enforcement that can remove the thing with everything that belongs to it, debtor and creditor surrenders her.

(2) If it is taken to use the things necessary documents, take this list and debtor and creditor surrenders along with the things that were compulsorily removed.

(3) Regulation enforcement delivers compulsory executor to remove things. The court shall notify the authorized period of performance advance. Removing things will not be done if it is not present him or his authorized representative. Indicates if necessary, remove the executor of performing things it meets the right person, if possible, a representative of the community.

(4) If the purpose of enforcement, is the one who executes, is entitled to make a personal inspection tour of the debtor and the dwelling (residence, place of business) and other rooms of the debtor, as well as his cabinets or other containers placed in them, where the reasonable assumption thing is mandatory to issue or deliver authorized for that purpose is empowered to obtain insurance for your home or to another room compulsory access, or an enclosed cabinet or other container open.

§ 346

If a thing to be compulsorily remove yourself at someone else, it prompts the court to be lawful award. If issued a voluntary thing, the proposal entitled to reasonable provisions for enforcement seizures.

§ 347

(1) If they do not remove the thing specified in the regulation enforcement and it can be a thing of the same kind, and otherwise provide the same quality, prompt court authorized to be procured at the expense and risk of the debtor.

(2) The court may impose compulsory to pay the necessary expense authorized in advance. The performance of this decision is then made to the proposal entitled to any of the operations specified in § 258 paragraph 1

Division of these things

§ 348

(1) imposes the implementation of decisions that the common movable object or property is sold and the proceeds divided among the shareholders, will be in proportion to the enforcement provisions for the sale of goods or property.

(2) The co-owners have for the distribution of proceeds of sale authorized position, the amount of debt is determined by the amount of their shares of common cause.

(3) fails if the common movable thing or sell property, court stops execution.

§ 349

(1) imposes the implementation of decisions that the common movable object or property is divided other than in the sale, the court in a measure of how performance will be conducted. Indicates if necessary, shall call to the enforcement of a suitable person, if possible, a representative of the community.

(2) If it is necessary, especially if it is necessary to determine exactly where to set out boundaries, puts on trial for distribution expert.

Execution of works and performances

§ 350

(1) imposes the implementation of decisions that required by him to perform some legitimate work that can be done even by someone other than mandatory, the court shall allow authorized to put the job you are going, make someone else or have it done by himself, and this at the expense of the debtor.

(2) An authorized person or a person whom he had authorized work performed in the performance of decision entitled to everything that is needed to perform the work in question.

(3) The court may impose compulsory to pay the necessary expense authorized in advance. The performance of this decision is then made on a proposal by one of the legitimate ways designed to satisfy the monetary claims.

§ 351

(1) imposes the obligation undertaken by another decision ordered to court for breach of this duty mandatory fine of up to 100,000 CZK. Fails to meet mandatory nor performed after the decision, the court imposes the proposal authorized further reasonable fine before enforcement will not be stopped. Fines accrue state.

(2) The payment of fines shall not relieve the mandatory liability insurance.

§ 351A

(1) If the judgment exercised is met, then mandatory but caused by violating the obligations imposed on him by the change in that decision predicted (previous state), the court shall allow authorized to make the cost of compulsory care to restore the state envisaged by this Decision. Way to restore the previous state court specified in the writ of execution.

(2) At the request of any court shall instruct the bailiff to pursue individual actions for enforcement or take other appropriate measures to ensure that the legitimate helped to restore the previous state.

(3) The court may impose compulsory to pay the necessary expenses authorized in advance. The performance of this decision and the decision to compulsorily pay the costs referred to in paragraph 1 shall be made on a proposal by one of the legitimate ways designed to satisfy the monetary claims.

PART SEVEN

Other court action

§ 352

(1) The tribunal shall take into custody the money, documents and other tangible things in the context of criminal or other legal proceedings. The court is also provided with money and other valuables belonging to, at which the court supervises the property management, backup, security and other payments directly related to the litigation.

(2) The admission into custody and the composition of cash and other valuables, backups, security or other payments under paragraph 1, the court shall issue to the person who values composed confirmation.

(1) Upon the request of any of the judgment, court settlement or authentic instrument, fulfilling the conditions of a directly applicable regulation of the European Union 34f) for certification as a European Enforcement Order or partial European Enforcement Order, the court decision, settlement or authentic instrument as a European Enforcement Order title or partial EEO confirm the conditions laid down by the directly applicable European Union 34f). Unless the conditions for issuance of the certificate, the court can not issue and the reasons for writing the authorized person.

(2) To issue a European Enforcement Order and partial EEO decision in the case of a court settlement with the court which issued the decision or court settlement approved. The issue of a European Enforcement Order and partial EEO in the case of public documents relevant court in whose jurisdiction the registered office whoever wrote public document.

(3) Subject to the directly applicable European Union legislation 34f) the court at the request of repair or revoke a European Enforcement Order or partial European Enforcement Order issued pursuant to paragraph 1 If there are conditions for the correction or deletion, the second sentence of paragraph 1 of analogy.

(4) The correction or withdrawal of the European Enforcement Order or partial EEO is the court which issued the certificate.

§ 354

canceled

PART EIGHT

Final provisions

Transitional provisions

§ 355

Unless otherwise provided, this Act shall apply also to proceedings commenced before the effective date. The legal effects of the acts to the proceedings occurred before the effective date of this Act, remain.

§ 356

(1) For the period at the date when this Act came into force, were not finished, the provisions of this Act.

(2) However, if the law has been established a long time, will end up in the later period.

(3) The time limit for filing a complaint for violation of the law ending not earlier than six months from the date on which this Act came into effect.

§ 357

The payment orders issued prior to the date when this Act came into force, the existing regulations.

§ 358

Management in housing matters initiated prior to the date when this Act came into force, completed in accordance with existing regulations.

§ 359

If the day on which this Act came into effect, the court still to decide on eviction orders issued by national committees, decide on the current legislation.

§ 360

(1) If prior to the date when this Act came into force, proceedings in court yet factually relevant, continue with the procedure and that court for further procedure shall apply to existing regulations.

(2) The same procedure if the matter belongs to the state notary powers, except for matters of judicial custody.

§ 361

(1) Not yet unexpired judicial custody shall refer the matter to the competent court and shall state notary depository participants and that henceforth leads management and custody of the subject issue decided by the public notary.

(2) Until the Broker will not be so advised the court conducts the proceedings under the existing regulations.

§ 362

(1) Things trusteeship and guardianship matters relating to the child’s assets are transferred on the date when this Act came into force, the national committees to the courts.

(2) National Committees shall forward the files relating to matters referred to in paragraph 1, the competent district court.

§ 363

(1) For applications for permits marriage to minors and persons stricken mental disorder or mentally underdeveloped, which was National Committee finally decided prior to the date when this Act came into effect, the court.

(2) National Committees shall forward the request referred to in paragraph 1 without delay to the competent district court.

§ 364

In proceedings of the trial detention in the institution of the effective date of the new regulations discontinue the proceedings, until the court decides whether the detention in an institution under the existing provisions.

§ 365

Enforcement titles incurred before the effective date of this Act shall be enforceable under this Act, although the law is the basis for enforcement does not.

§ 366

Enable execution, which occurred before the effective date of this Act, the effects of the regulation enforcement. The proceedings are further proceeding under this Act, unless otherwise specified.

§ 367

(1) The seizure of cash assets and salary, which occurred before the effective date of this Act, has the effect of enforcement deductions from wages or insurance claim, which was payers wages or mandatory debtor served.

(2) The payer wages, which carries the mandatory payroll deductions based on the execution of the salary allowed prior to the date when this Act came into force, after the effectivity of this Act to proceed in making deductions under the new provisions. Once the court delivers a resolution in which it asks for the further implementation of precipitation proceeded under the provisions of this Act, the payer must pay to do so.

§ 368

(1) If before the effective date of this Act allowed execution clearing the apartment, completed in accordance with existing regulations.

(2) requires the court decision issued before the effective date of this law to vacate the apartment for which compensation is to be provided shall be enforceable until he was lawfully provide a replacement dwelling, or alternative accommodation where it is sufficient to provide alternative accommodation.

§ 369

Allowed execution for real estate and movables shall be completed in accordance with existing regulations.

§ 370

Execution liquidation ordered before the date when this Act came into force, completed in accordance with existing regulations.

§ 370A

The competence of the municipal authority with extended powers under this Act are delegated powers.

§ 371

(Repealed)

§ 372

(Repealed)

Enabling provisions

§ 373

Ministry decree modifies rainfall enforcement of labor remuneration of persons who are in prison, custody or detention in security, as well as inmates in facilities for institutional and protective education.

§ 374

(1) The Ministry shall be empowered to issue generally binding rules of procedure for the district, county and supreme courts, which further modifies handling civil cases work organization and tasks of the administration of justice, including the progress in the implementation of notary acts in probate proceedings, the process of delivering documents, the procedure of courts in enforcement office work in the courts, including administrative agenda. In particular, it may provide

a) the simple tasks assigned to the presiding judge (single judge) can perform administrative or judicial trainees and employees which acts in the probate proceedings notary may authorize its employees,
b) cases in which court employees are entitled to verify the authenticity of the signature on the documents and the accuracy of copies of documents,
c) may be waived by the presence of the reporter at the hearing before the court, and how, in such cases it is necessary to record the content of the meeting,
d) what is needed to issue covered persons participating in the proceedings.

(2) The presiding judge (judge), who is otherwise in accordance with the work schedule thing commanded, they can reserve the handling of certain cases entrusted to interim judicial or administrative staff, either in general or in individual cases.

(3) If an appeal is lodged against a decision issued by a court commissioner, a judicial trainee, assistant judge or designated administrative employee, he can completely satisfy the presiding judge (judge). His decision is considered to be the court of first instance and can be appealed.

§ 374a

The Ministry shall stipulate by decree

a) the amount and method of determining compensation and reimbursement of cash expenses notaries as judicial commissioners,
b) cases in which you can not allow access to the file, because their content must remain secret,
c) a flat-rate amount of remuneration for the representation of a party by a lawyer or notary public under his authority stipulated by a special regulation, 57) and for the purpose of determining costs, the
d) the amount paid to the managers business method of its determination and the determination of their compensation cash expenses
e) details of the procedure for the preparation and delivery of copies of decisions and other court documents in paper form with the cooperation of postal operators.

Repeal

§ 375

Shall be repealed:

1) Act No. 142/1950 Coll. Proceedings in matters of civil law (Civil Code), as amended;

2) Act No. 68/1952 Coll. Amending and supplementing the Code of Civil Procedure;

3) § 6, paragraph 2 of Law No. 84/1952 Coll. Banking organization;

4) § 7 of Act No. 85/1952 Coll., The insurance industry;

5) § 57 to 60 of Act No. 115/1953 Coll., On copyright;

6) legal measures Presidium of the National Assembly No. 57/1955 Coll. Speedy recovery to cover personal needs of minors;

7) statutory measure of the National Assembly No. 63/1955 Coll. Judicial execution by debiting the bank account;

8) Act No. 46/1959 Coll., Amending jurisdiction and amending and supplementing certain provisions in the field of justice and public notary;

9) Government Decree No. 175/1950 Coll. Certificates required for exemption from court fees and advances and provisions for representative;

10) Governmental Decree No. 176/1950 Coll., The manner and extent of enforcement against cooperatives and other legal persons;

11) Governmental Decree No. 177/1950 Coll. Estimates immovable;

12) Decree of the Minister of Justice No. 178/1950 Coll. Establishing jurisdictional provides with some corporate organizational means lower administration;

13) Decree of the Minister of Justice No. 180/1950 Coll. Seizure of cash assets and salary;

14) Decree of the Minister of Justice No. 95/1952 Coll., Laying down the rules of procedure for courts;

15) Decree of the Minister of Justice No. 12/1953 Coll., The extent and conditions of admissibility of the claims for distraint supply of agricultural products the state;

16) Decree of the Minister of Justice No. 356/1952 OJ. l (No. 409/1952 OJ. v.), which are calculated as a legal person enjoying protection in the execution and the supervisory authorities;

17) Decree of the Minister of Justice No. 149/1958 OJ. l, the extent of the work execution admissibility reward persons which carries a prison sentence, and inmates výchoven puppy, as amended by Decree of the Minister of Justice No. 34/1961 Coll.;

18) Decree of the Minister of Justice No. 41/1960 Coll. Folk circuits settlements and court settlements and districts and county courts.

§ 376

The Act

This Act comes into force on 1 April 1964.

_________________________________________________________________

1b) § 62, paragraph 3 and § 63a paragraph 2 of Act No. 117/1995 Coll., On state social support, as amended.

33b) § 37, paragraph 3 of Law No. 94/1963 Coll., On family, as amended.

33c) § 21a et seq. Act No. 283/1991 Coll., the Police of the Czech Republic, as amended.

34) Ministry of Justice of the Czech Republic No. 270/1990 Coll. Remuneration of lawyers and commercial lawyers for providing legal assistance, as amended by Decree No. 573/1990 Coll.

34) Act No. 26/2000 Coll., On public auctions, as amended.

34b) § 21 and 21b of Act No. 143/2001 Coll., On the Protection of Competition and on amendment to some laws (Act on Protection of Competition), as amended by Act No. 340/2004 Coll.

34c) § 76 paragraph 2 of Act No. 120/2001 Coll. Court Executors and Execution (Execution Code) and amending other laws.

34e) Act No. 326/1999 Coll., On the residence of foreigners in the Czech Republic and amending certain laws, as amended.

34f) Regulation of the European Parliament and Council Regulation (EC) No 805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims.

34i) § 25b paragraph 2 of the Labour Code.

§ 129 of Act No. 218/2002 Coll., On the service of state employees in administrative offices and remuneration of such employees and other employees in administrative offices (business law) ..

35a) § 83 of Act No. 337/1992 Coll., On the administration of taxes and fees, as amended.

§ 8 et seq. Act No. 589/1992 Coll., on social security and contribution to the state employment policy, as amended.

§ 5 et seq. Act No. 592/1992 Coll. premiums for universal health insurance, as amended.

36) § 5 of the Act. No. 526/1990 Coll. prices

38) § 68a of the Act No. 94/1963 Coll.

40) Law No. 35/1965 Coll., On literary, scientific and artistic works (Copyright Act), as amended.

41) Act No. 513/1991 Coll., Commercial Code, as amended.

42) § 8, paragraph 4 and 5, § 9, paragraph 2 of Act No. 248/1995 Coll., On benevolent societies and on amendments to certain laws.

43) § 7, paragraph 3-5, § 9 paragraph 2 and § 16 of Act No. 227/1997 Coll. Foundations and amending some related Acts (Act on Foundations).

44) § 6 para 4 and § 9, paragraph 3 of Law No. 77/1997 Coll., On state business.

45) Act No. 63/1991 Coll., On the Protection of Competition, as amended.

46) § 44 and following of the Commercial Code.

47) § 17 and following of the Commercial Code.

48) § 19b of Act No. 40/1964 Coll., The Civil Code, as amended by Act No. 509/1991 Coll.

49) § 8 and following of the Commercial Code.

50) § 497 and following of the Commercial Code.

51) § 708 and following of the Commercial Code.

52) § 716 and following of the Commercial Code.

53) § 151a et seq of the Civil Code.

53a) § 33 of Act No. 627/2004 Coll. European society.

53b) § 13 of Act No. 341/2005 Coll., On public research institutions.

53c) Act No. 125/2008 Coll. Transformation of commercial companies and cooperatives.

54) Act No. 155/1998 Coll., On sign language and amending other Acts, as amended by Act No. 384/2008 Coll.

55) For example, § 72, § 131, paragraph 2, § 131a, § 182, paragraph 2, § 183, paragraph 1 and § 199 of the Commercial Code.

55a) Act No. 201/2002 Coll., On the Office of the Government Representation in Property Affairs.

56) Act No. 412/2005 Coll., On the protection of classified information and security capacity.

56a) § 58 paragraph 5 of Act No. 412/2005 Coll.

56b) Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.

Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to goods and services and their provision.

Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex.

56c) Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.

56d) Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to goods and services and their provision.

57) § 3 of Act No. 358/1992 Coll., On notaries and their activities (Notarial Code), as amended by Act No. 30/2000 Coll.

57a) Act No. 235/2004 Coll., The value added tax.

57b) Act No. 26/2000 Coll., On public auctions, as amended.

57c) Act No. 83/1990 Coll. Association of citizens, as amended.

57d) Act No. 235/2004 Coll., The value added tax, as amended.

57E) § 11 paragraph 1 and § 15 of Act No. 85/1996 Coll. Advocacy, as amended.

57F) § 10 of Act No. 417/2004 Coll. Patent agents and amending the Act on Measures for the Protection of Industrial Property.

58) For example, § 21 and 29 of Act No. 2/1991 Coll., On collective bargaining, § 62 and 62a of the Act No. 94/1963 Coll., On family, as amended by Act No. 91/1998 Coll.

58a) Act No. 300/2008 Coll. Electronic operations, passenger numbers and authorized conversion of documents.

58b) § 10b paragraph 1 of Act No. 133/2000 Coll. Population registers and birth numbers and amending certain laws (the Population Register Act), as amended by Act No. 7/2008 Coll.

58c) § 10 of Act No. 133/2000 Coll., As amended.

§ 77 of Act No. 325/1999 Coll., On Asylum and Amendment to Act No. 283/1991 Coll., The Police of the Czech Republic, as amended (the Asylum Act), as amended.

58d) Act No. 29/2000 Coll. Postal services and amending certain acts (Act on Postal Services), as amended.

58e) Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service of judicial and extrajudicial documents in civil and commercial matters.

Regulation of the European Parliament and Council Regulation (EC) No 805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims.

58F) Act No. 97/1963 Coll., On International Private and Procedural Law, as amended.

59) § 19c of the Civil Code.

60) § 13 of Act No. 85/1996 Coll. Advocacy.

62) § 769 of the Commercial Code.

62a) § 4 of Act No. 85/1996 Coll.

62b) § 53 and 54 of the Commercial Code.

62c) For example, § 25 paragraph 2 of Act No. 634/1992 Coll. Consumer Protection, as amended by Act No. 151/2002 Coll.

62d) Art. 35, paragraph 1 of the Treaty on European Union.

Article. 234 of the Treaty establishing the European Community.

Article. 150 of the Treaty establishing the European Atomic Energy Community.

62e) § 15, 19, 22, 45 of Act No. 627/2004 Coll.

62F) § 66a of the Commercial Code.

62 g) Convention on the Civil Aspects of International Child Abduction, promulgated under No. 34/1998 Coll.

62H) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

63) For example, § 9 of Act No. 549/1991 Coll., On Court Fees, as amended by Act No. 271/1992 Coll.

64) § 6 and following of Decree No. 177/1996 Coll., On remuneration and compensation of advocates for the provision of legal services (lawyers fare).

65) Act No. 219/1995 Coll., Foreign Exchange Act.

66) § 1. b) of Act No. 219/1995 Coll.

67) § 1. c) of Act No. 219/1995 Coll.

67a) of the European Parliament and Council Regulation (EC) No 1896/2006 of 12 December 2006 establishing a European order for payment.

67b) § 35a of the Act No. 358/1992 Coll., On notaries and their activities (Notarial Code), as amended.

67c) § 35c of Act No. 358/1992 Coll.

67d) § 143a of the Civil Code.

67e) § 462 of the Civil Code.

68) § 553 of the Civil Code.

69) § 554 of the Civil Code.

69a) § 22, paragraph 5 of Law No. 344/1992 Coll. Cadastre of the Czech Republic (Cadastral Act), as amended.

69b) § 17 and 22 of Act No. 301/2000 Coll., On registers, name and surname and amendment to some related laws.

70) § 37b, 78 and following of Act No. 94/1963 Coll., As amended.

71) § 68 of Act No. 94/1963 Coll., As amended.

72) § 67, paragraph 1 of Act No. 94/1963 Coll., As amended by Act No. 91/1998 Coll.

72a) § 35na paragraph 1, point. d) of Act No. 85/1996 Coll., as amended.

73) § 27a, paragraph 2 of the Commercial Code.

74) § 11 of Act No. 15/1998 Coll. Securities and Exchange Commission and on Amendments to Other Acts, as amended by Act No. 30/2000 Coll. and Act No. 57/2006 Coll.

75) Act No. 15/1998 Coll., As amended by Act No. 30/2000 Coll.

75a) § 21 of Act No. 85/1996 Coll.

75b) § 16, paragraph 11 of Law No. 337/1992 Coll., On the administration of taxes and fees, as amended.

§ 127, paragraph 17 of Law No. 13/1993 Coll. Customs Act, as amended.

76) § 6 of Act No. 358/1992 Coll.

77) Law No. 87/1995 Coll., The Credit Unions and some related measures and supplementing Act of the Czech National Council No. 586/1992 Coll., Income Tax, as amended.

77a) § 2 point 3. i) of Act No. 284/2009 Coll. payments.

78) § 256, paragraph 1, point. d) of Act No. 140/1961 Coll., Penal Code, as amended by Act No. 253/1997 Coll.

78a) Article. 244 and 256 of the Treaty establishing the European Community.

Article. 159 and 164 of the Treaty establishing the European Atomic Energy Community.

79) § 143a of the Civil Code.

79a) § 19 and 52d of Act No. 284/2009 Coll. Payments, as amended by Act No. 139/2011 Coll.

80) § 71a to 71c of Act No. 358/1992 Coll., As amended.

80a) § 232, paragraph 4 of Law No. 280/2009 Coll., The Tax Code.

80b) Act No. 187/2006 Coll., On health insurance.

80c) Act No. 110/2006 Coll. Subsistence Level, as amended.

Act No. 266/2006 Coll., Casualty insurance.

81) § 20b of Act No. 21/1992 Coll., On Banks, as amended by Act No. 165/1998 Coll.

82) § 152-174 of the Civil Code. 323i to § 323a of the Commercial Code.

§ 72 of Act No. 337/1992 Coll., As amended by Act No. 255/1994 Coll.

83) § 554 of the Civil Code.

84) § 553 of the Civil Code.

85a) Act No. 408/2010 Coll., On financial collateral.

86) § 88 paragraph 1 point. f), § 93, paragraph 2, § 102, paragraph 3, § 148, paragraph 2 and § 231, paragraph 1 of the Commercial Code.

86a) § 92, 93 and 99a of Act No. 256/2004 Coll., The Capital Market.

86b) § 115 of Act No. 256/2004 Coll., As amended by Act No. 56/2006 Coll.

86C) § 91 of Act No. 256/2004 Coll., As amended by Act No. 230/2008 Coll.

86D) § 38 of Act No. 591/1992 Coll., The Securities Act, as amended.

86E) § 157, paragraph 3 of the Civil Code.

86F) § 1 of the Securities Act.

86 g) § 35 et seq. Act No. 190/2004 Coll., on Bonds, as amended by Act No. 230/2008 Coll.

86h) § 97 paragraph 1 of Act No. 256/2004 Coll., As amended by Act No. 230/2008 Coll.

86i) § 2 of the Securities Act.

86j) § 4, paragraph 1 of Act No. 254/2004 Coll. Restriction of cash payments and amending Act No. 337/1992 Coll., On the administration of taxes and fees, as amended.

87) § 152 et seq. Civil Code. § 72 of Act No. 337/1992 Coll., As amended.

88) § 175 et seq. Civil Code.

89) § 151f, paragraph 2 of the Civil Code. § 72 of Act No. 337/1992 Coll., As amended by Act No. 255/1994 Coll.

90) § 1. d) of Act No. 219/1995 Coll., as amended by Act No. 482/2001 Coll.

91) § 35 of Act No. 256/2004 Coll. § 17 et seq. Act No. 26/2000 Coll., as amended.

92) § 2, paragraph 1 of Act No. 151/1997 Coll. Valuation and amending certain laws (the valuation).

93) § 5 of the Commercial Code.

94) § 21 of Act No. 182/2006 Coll. Bankruptcy and its solution (the Insolvency Act), as amended by Act No. 296/2007 Coll.

95) Act No. 116/1990 Coll., On Lease and Sublease, as amended.

96) Act No. 150/2002 Coll., The Administrative Procedure Code. ”

97) § 2 of Act No. 131/2002 Coll. Deciding some conflicts

98) Act No. 216/1994 Coll. Arbitration and enforcement of arbitral awards.

99) For example, § 70 paragraph 2 of Act No. 200/1990 Coll. Misdemeanors.

100) Act No. 265/1992 Coll. Registration of ownership and other rights in rem, as amended.

101) Convention for the Protection of Human Rights and Fundamental Freedoms, promulgated under No. 209/1992 Coll., As amended by Protocol No. 11, promulgated under No. 243/1998 Coll., And Protocol No. 14, promulgated under No. 48 / 2010 Coll. m s

Additional Protocol and Protocols 4, 6 and 7, promulgated under No. 209/1992 Coll., As amended by Protocol No. 11, promulgated under No. 243/1998 Coll.

Protocol No. 13, promulgated under No. 114/2004 Coll. m s

§ 55 paragraph 2 of Act No. 256/2004 Coll., The Capital Market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Coll.

102) § 13a of the Act No. 359/1999 Coll. Socio-legal protection of children, as amended.