Mediafax (Mediafax)
Personal finance  |  September 19, 2012 13:20:05

To perform execution will not need court orders, deputies outvoted the Senate


PRAGUE (MEDIAFAX) - The possibility of merging execution, discharging their judicial regulation or stricter penalties executors are news that the amendment to the Enforcement and Judicial Procedure, approved by MPs on Wednesday. Veto Senate outvoted 102 votes from 188 present.

MEPs approved the original version of the amendment and the government did not accept amendments senators, according to which it is necessary to regulate such executors more the principle of territoriality or edit bailiffs fees for small claims.

According to the ex-minister of Justice Jiri Pospisil (ODS) is a government proposal sufficient. "The government's proposal contains a number of points that executors restrict and regulate," said Pospisil and suggestions upper parliamentary chamber called populist steps before the election.

The amendment brings with it many changes, the seat of the Czech Chamber of Executors moves from the South Moravian metropolis to Prague. One of the main parts of the amendment is that it has to implement the execution executor will not have to wait in all cases to court authorization, but in some cases decide themselves under the supervision of court bailiffs.

"Draining deciding writ of execution should help to accelerate the execution proceedings and at the same time lightening the burden of the courts of the agenda, which is more formal and for the protection of authorized inefficient. Courts would be able to focus on decision-making in matters which do not have a formal nature, eg proposals to stop or delay the execution of which decided executor, or on appeals against decisions of the executors.Courts free up capacity could lead to intensified supervision over the activities of bailiffs, "the authors of the proposal outlined his idea.

The amendments also specify the kinds of claims that can be enforced only by a court, and those in which the lender gets to choose, and he will be able to decide whether to try to obtain their money through court or executor.

Exclusive authority to decide on matters relating to minors, reporting from the common dwelling or dwelling with eviction compensation would amount fell judges. Between the court and the executor could elect such a lonely mother who seeks to claim alimony or contribution to nutrition.

A new addition will be execution if they will be charged with one more on the borrower, the splice. Now, any amount is recovered separately, which charges for execution performance increase.Unlawfully confiscated thing will have bailiffs agreement with the owner to return to the place where they took her.

Kamila Kinštová, Tereza Cheerful, kinstova@mediafax.cz

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