Important changes in the Czech law based on today’s approval of the House of Representatives, in the meeting of May 16, during the review of the Trade Bill – Book II: Trade documents returned from the Guardian Council, agreed to the amendments of this bill.
One of the most important of these changes is in the form of Article 454, which actually revised the conditions for issuing executive order by the court based on the amendment of Article 23 of the Czech Law approved in 1997. The text of this article, which will come into force if approved by the Guardian Council, is as follows: Article 454
If all or part of the check amount is not paid, the holder of the check can, by presenting a certificate of non-payment, from the competent judicial authority, issue an executive order for the unpaid amount of the check amount and attorney’s fees according to the tariff of the enforcement stage and damages subject to the supplementary note to Article (2). The Check Issuance Law approved on 10/3/1376 shall request the expediency of the system within the scope of its inquiry approved on 21/9/1377 against the account holder, the issuer or other officials of the document. Competent judicial authority is obliged to issue a certificate of non-payment according to the information contained in the integrated system of the Central Executive Bank against the account holder, issuer or other responsible persons of the document, as the case may be, after confirming the correctness of the tracking number (code) of the non-payment certificate, provided Due to the non-payment order to the bank has not been issued according to the relevant regulations. The account holder, the issuer, or other responsible persons are obliged to pay the amount stated in the execution within ten days from the date of notification of the execution, or with the consent of the holder of the check, make an arrangement for its payment or introduce funds that enable its execution; Otherwise, according to the owner’s request, the execution of the judgments will be implemented according to the Law on the Execution of Financial Convictions approved in 2014 and the Law on the Execution of Civil Judgments approved in 1356, and will take action to recover the amount stated in the execution.
Note 1- Executive operations resulting from the application of this article cannot be seized, except in the following cases:
1- The person against whom the executive order has been issued should deposit cash equivalent to that amount with the Justice Fund and submit the receipt to the authority issuing the executive order;
2- It is specified in the text of the check that it is conditional or that the check is guaranteed;
3- If the person against whom the enforcement order has been issued, files a claim with the competent court based on an official document stating that the obligation arising from the check is conditional or guaranteed and submits the receipt to the court that issued the enforcement order;
4- If the person against whom the execution has been issued, complains about obtaining a check through a fraudster.
This post is written by sfhjhygfrhesabhaseb