Czech Bailiff Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Charter Art. 38(2)

Everyone has the right to have their case heard in public, without undue delay, and in their presence, with the right to express views on all evidence; exceptions only under statutory conditions.

Constitutional Court jurisdiction

Under Art. 87 Ústava, the Constitutional Court rules on repeal of unconstitutional laws, constitutional complaints, and disputes over competence; its decisions are binding on all authorities.

Nasciturus protection

Under Art. 25 of the Civil Code, an unborn child is protected where it is in its interest; legal personality begins at birth, but the nasciturus may acquire rights by will.

Community of property of spouses

Under Art. 708-715 OZ, property acquired during marriage belongs to both spouses jointly, excluding gifts, inheritance, personal use items and things acquired from separate property.

Intestate succession classes

Under Art. 1633-1641 OZ, heirs are: (1) children and spouse, (2) parents and persons in common household, (3) siblings and their descendants, (4) grandparents.

Limitation period

Under Art. 609-610 OZ, the general limitation period is 3 years; 10 years applies to damage and unjust enrichment claims; limitation must be raised by the debtor.

Appeal deadline in civil procedure

Under Art. 204 o.s.ř., an appeal must be filed within 15 days of service of the judgment; it has suspensive effect unless the court orders otherwise.

Authorization to conduct enforcement

Under Art. 43-44 EŘ, a bailiff may act only after the court issues an authorization (pověření); the bailiff then issues an enforcement order under Art. 47 EŘ.

Enforcement order (exekuční příkaz)

Under Art. 47 EŘ, the bailiff issues an enforcement order identifying the debtor, the enforceable title, the amount claimed and the method of enforcement.

Bailiff appointment requirements

Under Art. 9 EŘ, a bailiff must be a Czech or EU citizen, hold a law degree, pass the professional examination, be of good character and have 3 years of practice.

Disciplinary sanctions for bailiffs

Under Art. 116-124 EŘ, the Chamber's disciplinary commission may impose a reprimand, a fine up to 1,000,000 CZK, or removal from office.

Bailiff professional secrecy

Under Art. 31 EŘ, bailiffs must maintain secrecy regarding facts learned in office; disclosure is permitted only where the law requires it.

Seizure of wages

Under Art. 58-60 EŘ, the bailiff orders the employer to make deductions from wages; the debtor retains a basic amount set by Government Regulation No. 595/2006 Sb.

Exempt items from seizure

Under Art. 68(2) EŘ, items essential for the debtor's basic needs and tools of trade are exempt from seizure; the bailiff must inventory the items.

Exclusion claim by third party

Under Art. 68 EŘ and Art. 267 o.s.ř., a third party may file a claim to exclude property from enforcement if they have a right to the property.

Limited liability company capital

Under Art. 142 ZOK, a limited liability company requires registered capital of at least 1 CZK; the company acquires legal personality upon registration in the Commercial Register.

Insolvency test

Under Art. 3 IZ, a debtor is insolvent if it has more than one creditor and cannot pay debts for more than 30 days; the petition may be filed by the debtor or a creditor.

Methods of resolving insolvency

Under Art. 4 IZ, insolvency may be resolved by bankruptcy (konkurs), reorganization (reorganizace), debt relief (oddlužení) or special methods for financial institutions.

Presumption of innocence

Under Art. 2(2) TŘ and Charter Art. 40(2), the burden of proof lies with the prosecution; the accused has the right to remain silent and to legal counsel.

Detention limits

Under Art. 67-72 TŘ, detention may be ordered only on statutory grounds and for a maximum of 4 months, extendable by the court; the accused must be brought before a court within 48 hours.

Obstruction of enforcement offence

Under Art. 337 TZ, a person who obstructs enforcement by destroying, damaging or concealing property subject to enforcement commits a criminal offence.

Administrative decision deadline

Under Art. 71 SŘ, an administrative authority must decide within 30 days of initiation of proceedings, extendable in complex cases; failure may lead to a complaint for inactivity.

Judicial review deadline

Under Art. 72 SŘS, an action for judicial review of an administrative decision must be filed within 2 months of service of the decision.

Administrative appeal deadline

Under Art. 83 SŘ, an appeal against an administrative decision may be filed within 15 days of service; the appellate authority reviews the decision within the scope of the appeal.

Notice period

Under Art. 51 ZP, the notice period is at least 2 months and runs from the first day of the month following delivery of notice; notice must be in writing and state the reason.

Working time limit

Under Art. 79 ZP, working time may not exceed 40 hours per week; overtime is limited to 150 hours per year without agreement.

Sickness compensation

Under Art. 192 ZP and Act No. 187/2006 Sb., the first 14 days of sickness are compensated by the employer; thereafter by the state.

Corporate income tax rate

Under Art. 21 ZDP, the corporate income tax rate is 21% (verify the current rate for the relevant tax year, as rates may change).

Tax return deadline

Under Art. 136 DŘ, a tax return must be filed within 3 months of the end of the tax period, extendable by 3 months upon request.

Brussels I bis recognition

Under Regulation (EU) No. 1215/2012, a judgment given in one Member State is recognized in other Member States without special procedure; enforcement requires a certificate.

European Account Preservation Order

Under Regulation (EU) No. 655/2014, a creditor may obtain an EAPO to freeze a debtor's bank accounts in another Member State, subject to court approval.

IRAC legal reasoning

IRAC stands for Issue, Rule, Application, Conclusion: identify the legal issue, state the applicable rule, apply it to the facts, and reach a conclusion.