TNBiz (TNBiz)
Laws  |  December 31, 2012 21:39:57

Since January, the debtors relief, begins an amendment to the Code


PRAGUE (MEDIAFAX) - Revised Procedure Code, which takes effect from 1 January, will help borrowers, which is imposed more foreclosures. Execution, according to her associate were, at present, any amount recovered separately, which charges for execution performance increase.

Draft brings other news, such as illegally seized things will have to executors agreement with the owner to return to the place from where it is taken. Trying to keep the cost of execution within reasonable limits, trying to keep the standard by introducing limits on travel, you can charge the executor.

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. release capacities courts could lead to intensified supervision over the activities of bailiffs, "the authors of the proposal outlined his idea.

Since the beginning of January will have an obligation to make sound executors of video during execution, if someone asks of those present. If none of the filming of the parties requests, the executor is for him alone to decide voluntarily consent to the debtor need not.The video should discourage both parties from unreasonable conduct and in case of doubt later be used as evidence.

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.

Since the new year can also confiscate the execution pet will unseizability well as a wedding ring. This, however, does not apply to farm animals and pets, you still bailiffs will seize.

A new will sell by auction, cooperative apartments. So far, the value of cooperative apartment settlement amount calculated according to the Commercial Code, that was in the tens of thousands of crowns and was below market value.Debtor and came obyt, but retire the debt of only a small amount.

The debtor will be able to repay its obligation of renting an apartment or house, the property need not under any circumstances sell property.

Not paying child support may lose their driver's license. In the first stage, however, the bailiffs will try to recover money from defaulters of maintenance by other means, such as deductions from wages. But if it turns out that you have no traceable income, executor focus attention just on your driver's license. Remain protected from people who need to get a license to make a living for example (but not only) driver by profession.

From January executor will be able to block bills and spouses of borrowers and deduct money from their income.

Judges have devolved decision making in matters relating to minors, reporting from the common dwelling and eviction of replacement housing. Between the court and the executor could elect such a lonely mother who seeks to claim alimony or contribution to nutrition.

Executors will not be allowed to save money recovered from the borrowers for their personal accounts, but only on the particular allocated accounts over which they will have control of the Ministry of Justice.

Since January, the damage should enjoy greater legal protection. Executors will be required is in agreement with the owner illegally confiscated stuff ourselves returning to the place from where it is taken.

Executors will no longer be able to conclude entries or executor executory clause direct enforceability.They contain the acknowledgment of the debt of the borrower and its express consent, in the event that the commitment is not properly repay according to the minutes, started execution. Direct execution enforceability clause will now be closed only by a notary. Executors to lose a source of income. Yearly total does conclude about twenty-five thousand of these records and getting paid for each.

Miroslav Kyncl, kyncl@mediafax.cz

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