[PDF] 99/1963 Coll. (Code of Civil Procedure) of 4 December 1963 last

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99/1963 Coll.

(Code of Civil Procedure) of 4 December 1963 last amendment: 501/2001 Coll. The National Assembly of the Czechoslovak Socialist Republic has enacted the following law:

PART ONE

GENERAL PROVISIONS

Chapter One

BASIC PROVISIONS

Section 1

The Code of Civil Procedure lays down the procedures applied by the courts and the parties in civil proceedings with a view to ensuring fair and just protection of the rights and legitimate interests of the parties, and promoting compliance with the laws, fulfilment of duties and respect for the rights of fellow citizens.

Section 2

In civil proceedings the courts hear and decide disputes and other legal matters, enforce execution of the decisions that had not been complied with voluntarily, and generally prevent violations of the rights and legally protected interests of natural and legal persons and the abuse of rights to the detriment of such persons.

Section 3

Civil proceedings give a guarantee of lawfulness and contribute to its strengthening and promotion. Every person has the right to seek judicial protection of his right that has been threatened or violated.

Section 4

Repealed with effect from 1 January 1992.

Section 5

(1) The courts shall inform the parties to civil proceedings of their procedural rights and duties. (2) The courts shall not have the duty referred to in paragraph

1 when the parties to civil proceedings are represented by an

attorney or a commercial lawyer.

Section 6

The court shall conduct proceedings in co-operation with all the parties with a view to ensuring expedient and effective protection of the rights and to reliably establishing contentious facts.

Chapter Two

THE COURTS

Jurisdiction

Section 7

(1) The courts shall conduct civil proceedings to hear and decide disputes arising from civil, labour, family, cooperative

and commercial relationships (including business and economic relationships), unless the law vests this competence in other

bodies. (2) The courts shall conduct civil proceedings to hear and decide other matters only when provided for by law.

Section 8

When judicial proceedings must be preceded by the proceedings before another body, the courts shall institute proceedings only in respect of the matters that have not been finally closed before that other body.

Section 8a

Jurisdiction disputes

Jurisdiction disputes between the courts and State administration authorities shall be decided by the Supreme

Court of the Slovak Republic.

Competence

Section 9

(1) District courts shall have, in general, the competence to act as first-instance courts. (2) Regional courts shall act as first-instance courts a) in the disputes involving mutual settlement of benefits between employers and recipients when the recipient is not entitled to the benefit or has been paid the benefit in excess of the amount allowed under social security legislation, b) in the disputes between the competent sickness insurance body and the employer concerning liability for damage incurred as a result of improper sickness insurance procedures, c) in the disputes involving a foreign country or persons enjoying diplomatic immunities and privileges, /1aa/ provided that such disputes fall under the jurisdiction of courts of the

Slovak Republic,

d) in the disputes concerning the determination of irregularities in applications for the registration of political parties or movements that could prevent their registration, /1/ e) in the disputes challenging the validity of higher collective agreements on the grounds of non-compliance with the requirements set out under separate legal provisions. /1a/ (3) Moreover, regional courts shall act as first-instance courts in commercial disputes, regardless of whether the parties being under obligation of a contract are business persons, when the disputes a) arise from legal relationships entered into through the foundation and establishment of companies or cooperatives, b) arise from the relationships between the companies or cooperatives and their founders, between the companies or cooperatives and their associates, statutory bodies of a company, shareholders or members, including former members, and the disputes between associates, statutory bodies of a company, members, including former members, or disputes between the founders arising from the relationships governed under separate legal provisions, /1b/ c) arise from stock exchange transactions and their brokerage,

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d) arise from agreements on the sale of a company or part thereof and from legal relationships entered into by the sale of a company or part thereof,2) e) arise from silent partnership agreements,6) f) concern travellers cheques, /12/ g) arise from patent law, protected utility designs, industrial designs and topographies of semi-conductor products, h) arise from legal relationships entered into in connection with securing commitments under a) to g), i) concern validity of the decisions of the bodies of companies or cooperatives, j) arise from legal relationships between a proxy and the business person who granted the procuration or, where procuration is granted to several persons, from legal relationships among all these persons, and from legal relationships between commercial representatives and business persons who granted authorisation to commercial representatives, except for the disputes related to employment relationships, k) concern legal relationships related to the bills of exchange, other securities or cheques, including disputes concerning judicial orders to pay a bill (cheque), and disputes concerning protests against the payment of bills, l) arise from legal relationships related to the protection of competition /14/ or to unfair competition, /15/ m) related to the rights to the trade name, /16/ trade marks /17/ and appellation of origin of products, /18/ n) concern the validity of arbitration agreements and disputes seeking annulment of arbitration awards issued by arbitrators on the basis of arbitration agreements, /23/ o) arise from the relationships entered into in international commercial transactions between legal and natural persons, including disputes whose parties accept the jurisdiction of the courts of the Slovak Republic by a written agreement. /24/ (2) Moreover, regional courts shall proceed as first-instance courts also a) in bankruptcy and composition proceedings, including disputes arising from these proceedings, except for the settlement of community property of spouses, b) when hearing petitions seeking annulment of the resolutions adopted by membership meetings of cooperatives in respect of the distribution of liquidation balance, /32/ c) in matters placed under the decision-making competence of courts by separate legal provisions /1b/.

1) Section 7 paragraph 4 of Act No. 424/1991 Coll. on

Association in Political Parties and Political Movements.

1aa) Minister of Foreign Affairs' Decree No. 32/1969 Coll. on

the Vienna Convention on Consular Relations.

1a) Section 4 paragraph 1 of Collective Bargaining Act No.

2/1991 Coll. as amended by Act No. 54/1996 Coll.

1b) Commercial Code as amended.

2) Section 476 ff. of the Commercial Code.

3) Section 591 ff. of the Commercial Code.

4) Section 601 ff. of the Commercial Code.

5) Section 115 ff. of the Commercial Code as amended.

6) Section 673 ff. of the Commercial Code.

7) Section 682 ff. of the Commercial Code.

8) Section 692 ff. of the Commercial Code.

9) Section 700 ff. of the Commercial Code as amended by Act

No. 600/1992 Coll. on Securities.

10) Section 708 ff. of the Commercial Code.

11) Section 716 ff. of the Commercial Code.

12) Section 720 ff. of the Commercial Code.

13) Section 725 ff. of the Commercial Code. 14) Competition Protection Act No. 63/1991 Coll.

15) Section 44 ff. of the Commercial Code.

16) Section 8 ff. of the Commercial Code.

17) Trademark Act No. 174/1988 Coll.

18) Act No. 159/1973 Coll. on the Protection of Appellation of

Origin of Products.

19) Section 90 of the Commercial Code.

20) Section 148 paragraph 1 of the Commercial Code.

21) Section 152 of the Commercial Code.

22) Section 231 paragraph 4 of the Commercial Code.

23) Sections 20 - 23 of Act No. 98/1963 Coll. on Arbitration

Proceedings in International Commercial Transactions and on the Execution of Arbitration Awards.

24) Section 37 paragraph 1 and 2 of Act No. 97/1963 Coll. on

International Private Law and the Law of Procedure.

25) Section 68 paragraph 3 of the Commercial Code.

26) Section 71 paragraph 2 of the Commercial Code.

27) Section 71 paragraph 3 of the Commercial Code.

28) Section 75 paragraph 5 of the Commercial Code.

29) Section 71 paragraph 1 of the Commercial Code.

30) Section 71 paragraph 4 of the Commercial Code.

31) Section 257 paragraph 1 of the Commercial Code.

32) Section 259 paragraph 4 of the Commercial Code.

Section 10

(1) Regional courts decide appeals against the decisions of district courts. (2) Appeals against the decisions of regional courts acting as first-instance courts are decided by the Supreme Court of the

Slovak Republic.

Section 10a

(1) Appeals on points of law against decisions of regional courts acting as appellate courts are decided by the Supreme

Court of the Slovak Republic.

(2) Appeals on points of law against decisions of the Supreme Court of the Slovak Republic are decided by a different panel of judges ("panel" hereinafter) of the Supreme Court. (3) Extraordinary appeals on points of law against judicial decisions are decided by the Supreme Court of the Slovak

Republic.

(4) Appeals on points of law against decisions of the Supreme Court of the Slovak Republic are decided by a different panel of the Supreme Court.

Section 11

(1) Judicial proceedings are conducted by the court that has substantive and local competence for the proceedings. Competence shall be determined on the basis of the circumstances that exist at the time of commencement of the proceedings and shall continue to be exercised until the conclusion of the proceedings. (2) Where more than one court have local competence, proceedings may be conducted before any of those courts. (3) Where the matter falls under the jurisdiction of the courts of the Slovak Republic, but the conditions for establishing local competence are absent or cannot be determined, the Supreme Court of the Slovak Republic shall designate the court that will hear and decide the matter.

Section 12

(1) Where the competent court cannot institute proceedings due to the exclusion of its judges (Section 14), the matter must be transferred to another court of the same instance.

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(2) The matter can be transferred to another court of the same instance also in furtherance of convenience. (3) The order to transfer a case shall be issued by the court that is immediately superior to the competent court and to the court that is to be transferred the case.

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Section 13

Repealed with effect from 1 January 1970.

Exclusion of judges

Section 14

(1) Judges shall be excluded from hearing and deciding a case where there is a doubt as to their impartiality on account of their personal relationship to the case, parties to the proceedings, or their representatives. (2) Higher court judges who have decided a case at a lower court, and vice-versa, shall also be excluded. The above applies also to the decisions on appeals on points of law.

Section 15

(1) As soon as a judge becomes aware of the facts that disqualify him from a case, he shall inform the president of the court thereof without delay. Pending the decision, he may perform only exigent acts. Subject to the consent of the judge to be excluded, the president of the court shall assign the matter to another judge. In this case, the superior court shall not be asked to rule on the exclusion and the case in question shall be heard and decided by the judge. The same procedure shall be applied in the proceedings pursuant to Section 36a paragraph 1 and 3,

Section 36b and 36c.

(2) Parties to the proceedings have the right to give their opinion on the reasons for exclusion of a judge. They must immediately inform the court of such reasons. The court shall disregard repeated information about the reasons on which it has already decided.

Section 16

(1) The decision to exclude a judge shall be made without unnecessary delays by a panel of the superior court. The decision to exclude a judge of the Supreme Court of the Slovak Republic shall be made without unnecessary delays by another panel of the Court. (2) Where a decision has been taken to exclude a judge, the president of the court shall assign the matter to another judge or refer it to another panel.

Section 17

(1) The aforesaid provisions shall apply, as appropriate, to the exclusion of recording clerks and other court officials, experts and interpreters; the relevant decision shall be made by the presiding judge of the panel ("the presiding judge" hereinafter). (2) Exclusion of a notary from acting as a court commissioner or exclusion of a court executor shall be governed, as appropriate, by Sections 14 to 16. Exclusion shall be decided by the court which has authorised the notary to act as a court commissioner.

Chapter Three

PARTICIPATION IN THE PROCEEDINGS

Parties to the proceedings

Section 18

The parties shall participate in civil proceedings on an equal footing. They have the right to use their mother tongue in the proceedings. The court shall have to guarantee the parties equal opportunities to exercise their rights.

Section 19

Any person capable of exercising rights and assuming responsibilities shall have the competence to stand trial; the competence of other entities to stand trial shall be provided by law.

Section 20

Every person may act on his own in the proceedings (has procedural standing) to the extent proportionate to his ability to exercise rights and assume responsibilities through his own acts.

Section 21

(1) Legal persons shall be represented by their statutory bodies or officials (members) duly authorised to act on their behalf. (2) The State shall be represented before the court by an official of the State body concerned or by an authorised official of another State body.

Representatives of the parties

a) acting ex officio

Section 22

Individuals who cannot act on their own before the court shall have to be represented by their representatives-at-law.

Section 23

Under certain circumstances, the court may rule that the individual lacking full legal capacity must be represented by his representative-at-law even where otherwise he could act on his own in the matter. b) based on a power of attorney

Section 24

The parties may be represented in the proceedings by the representatives of their choice. Except for representation under Section 26, the parties may entrust their representation only to natural persons. The party can choose only one representative for one and the same case.

Section 25

(1) The party can always choose an attorney to act as his representative. Power of attorney granted to an attorney cannot be limited. (2) Attorneys must effectively use all lawful means and methods to provide legal aid to the parties they represent. (3) Attorneys shall have the power to designate another attorney or trainee-lawyer in their employment as their substitutes. (4) Paragraphs 1 to 3 apply accordingly to commercial lawyers representing the parties within the scope of their authorisation defined under separate legal provisions. 33)

33) Slovak National Council's Act No. 129/1991 Coll. on

Commercial Lawyers.

Section 26

(1) The Centre for International Legal Protection of Children and Young Persons /33aa/ may represent a minor party in cases with foreign element involving the custody of minors. (2) Where the Centre for International Legal Protection of Children and Young Persons agrees to represent a party, it shall authorise one of its officials to represent the party in the proceedings.

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/33aa/ Section 65 paragraph 2 of Act No. 195/1998 Coll. on

Social Assistance as amended.

Section 27

(1) The parties may entrust their representation also to any other citizen having legal capacity. These representatives may act only in their personal capacity. (2) The court shall dismiss representation referred to in paragraph 1 where the representative is manifestly incapable of proper representation or where he acts as a representative concurrently in different matters.

Section 27a

Repealed with effect from 1 January 1992

Section 28

(1) The party shall grant the power of attorney in writing or orally on record to the representative of his choice either for the whole of the proceedings or only for certain acts ("full or limited power of attorney" hereinafter). (2) Full power of attorney cannot be restricted. The representative granted full power of attorney shall have the power to perform all the acts allowed to the party. (3) In relation to the court, the power of attorney shall be deemed effectively revoked by the party or renounced to by thequotesdbs_dbs22.pdfusesText_28

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