November 2013

Within a batch of supplementary regulations accompanying the New Civil Code of which we already informed you, a new law was adopted revising the Civil Proceedings Act. This amendment passed in connection to the recodification of the private law brings not only a harmonization of Civil Proceedings Act terminology with the New Civil Code and a detachment of so-called non-dispute proceedings into a separate Act, but also brings changes which are not directly related to the aforementioned recodification. One of such changes which we would like to bring your attention to is reintroducing of 2 different options for enforcement of decisions.

From 2001 to 2012 the Czech law recognized 2 types of enforcement proceedings. A creditor had a choice whether to enforce his receivable (ensuing from an enforceable decision) through a court or a judiciary executor. Since January 1, 2013 the enforcement proceedings were exercised solely by executors (with the exception of enforcement of certain types of decisions, such as enforcement of infant protection decisions, certain decisions on evictions, decisions on expulsion from joint housing, decision of EU bodies and foreign decisions)

From January 1, 2014 creditors shall have once again a choice between a court and executor even in cases where the previous law allowed only for the enforcement through an executor.