Czech Bailiff Exam key terms

Specialized judicial body that reviews the constitutionality of legislation and protects fundamental rights. In bailiff context, it hears constitutional complaints against final enforcement decisions.

Charter of Fundamental Rights, part of the Czech constitutional order, guaranteeing rights such as fair trial, property, privacy, and protection against unlawful interference in enforcement.

Constitutional complaint filed by a person claiming violation of fundamental rights by a final decision or other public authority action, including enforcement proceedings, after exhausting ordinary remedies.

Right to a fair trial, including access to court, equality of arms, reasoned decision, and hearing within reasonable time; applies to enforcement and insolvency proceedings.

Enforcement title: a document that authorizes enforcement, such as a final court judgment, enforceable notarial deed, or arbitration award, specifying the parties and the obligation.

Written authorization issued by the court to a bailiff to conduct enforcement in a specific case; it defines the scope of the bailiff's authority and must be served on the parties.

Court bailiff: a natural person appointed by the Minister of Justice, performing enforcement and other tasks under the Enforcement Code, subject to disciplinary liability.

Self-governing professional chamber of bailiffs, maintaining the bailiff register, overseeing professional conduct, and participating in disciplinary proceedings.

Proceedings against a bailiff for disciplinary offences such as breach of duty or unethical conduct, heard by the disciplinary commission; sanctions include reprimand, fine, suspension, or removal.

Enforcement: compulsory execution of a duty imposed by an enforcement title, carried out by a bailiff or court to satisfy the creditor's claim, using methods like seizure of assets.

Stay or discontinuation of enforcement by the court upon motion or ex officio, for example if the enforcement title is invalid or the claim has been satisfied.

Postponement of enforcement granted by the court, usually on motion of the debtor, when immediate enforcement would cause disproportionate harm and the debtor shows serious grounds.

Asset preservation measure in enforcement or insolvency, freezing the debtor's property to prevent dissipation pending resolution of the claim.

Public auction of seized assets conducted by a bailiff under the Enforcement Code, where the highest bidder acquires the item after payment and court confirmation.

Deductions from wages ordered in enforcement, subject to statutory limits protecting the debtor's minimum income; the employer acts as garnishee.

Minimum amount of the debtor's income that cannot be seized in enforcement; calculated from the living minimum and normative housing costs.

Family law: legal rules governing marriage, registered partnership, parent-child relations, maintenance, and property arrangements between spouses.

Maintenance obligation: duty to provide financial support to a spouse, child, or other dependent person, enforceable as a claim; failure may lead to criminal liability.

Community property of spouses: assets acquired during marriage and liabilities incurred, unless excluded by law or agreement; relevant in enforcement against a debtor spouse.

Law of succession: rules on inheritance by will, intestacy, and forced heirship, including procedures for inventory and settlement of estates.

Will: a testamentary document by which a person disposes of property upon death, subject to formal requirements and forced heirship rights.

Probate proceedings conducted by a notary as court commissioner, determining heirs, estate assets, and debts, and issuing a final decision on inheritance.

Substantive civil law: rules defining rights and obligations of persons, property, contracts, torts, and family and succession matters, as opposed to procedural law.

Civil procedure: rules governing court proceedings in civil matters, including jurisdiction, pleadings, evidence, and remedies, which underpin enforcement procedure.

Insolvency proceedings: collective judicial process for a debtor in financial distress, aiming at reorganization or liquidation, with effects on enforcement and creditor claims.

Insolvency administrator appointed by the court to manage the debtor's estate, examine claims, and realize assets for distribution to creditors.

Crime: an unlawful act defined by the Criminal Code, committed with the requisite mens rea, punishable by sanctions; relevant to enforcement offences like obstruction of justice.

Criminal procedure: proceedings conducted by police, prosecutor, and court to determine guilt and impose punishment, including rights of the accused and evidence rules.

Offence of obstructing execution of an official decision, including enforcement; may involve hiding assets or failing to comply with a bailiff's order.

Administrative procedure: process by which administrative authorities decide on rights and duties, governed by the Administrative Procedure Code, with judicial review available.

Administrative judiciary: courts reviewing legality of administrative decisions and actions, including those related to bailiff oversight or professional examinations.

Action against a decision of an administrative authority, seeking judicial review of its legality; must be filed within statutory time limits.

Labour law: rules governing employment relationships, including formation, termination, working conditions, and protection of employees, relevant to wage deductions in enforcement.

Social security: system of benefits and insurance covering health, pension, sickness, and unemployment, which may interact with enforcement and debtor protection.

Income tax: tax on personal and corporate income, administered under tax law; relevant to bailiff's duties in tax enforcement and reporting.

Tax procedure: proceedings before tax authorities for assessment and collection of taxes, including rights and obligations of taxpayers and enforcement of tax debts.

Public finance: framework of state budget, public revenues and expenditures, and fiscal rules, providing context for enforcement of public law claims.

EU Regulation on jurisdiction and recognition and enforcement of judgments in civil and commercial matters; facilitates cross-border enforcement within the EU.

European Enforcement Order: certificate allowing enforcement of an uncontested judgment in another EU member state without exequatur, under EU regulation.

International judicial cooperation: mechanisms for service of documents, evidence taking, and enforcement across borders, governed by EU law and treaties.