Enforcement proceedings and security interest proceedings are initiated by a judgment creditor filing a motion for the enforcement based on enforceable or credible document or a motion for a security interest or ex officio only when provided by the law. A court decides on the motion for enforcement based on enforceable or credible document and a security…
According to the provisions of the Law on Enforcement and Security Interest competence for conducting enforcement is divided between court and public enforcement officer. The court has exclusive jurisdiction for the enforcement of performance, non-performance or sufferance that could only be undertaken by the enforcement debtor (Art. 363-364 and 366 of the Law on Enforcement…
Compensation is a method of the termination of debts and claims without fulfillment. On the basis of compensation in relation to one person shall be terminated debts and claims which exist towards another person without fulfillment. Compensation may be legal, contractual and unilateral. Legal compensation is compensation which is conducted on the basis of the law,…
Legal remedies in enforcement proceedings are the appeal and objection. The appeal is used to contest the writ of the first instance court or the writ of the public enforcement officer, unless it is stipulated in the Law on enforcement and security interest the appeal is not permitted or that such writ is to be…
Under conditions of the global financial crisis increases the risk of debt uncollectability. The risk of this type primarily depends on the individual claims, payment terms, economic and political conditions in the country, as well as the solvency and creditworthiness of the debtor. The occurence of the debtor’s inability to fulfill its financial obligations due to blockage…
By the LAW ON RIGHT OF SECURITY UPON MOVABLE OBJECTS FILED IN REGISTRY (“Official Herald of the Republic of Serbia”, Nos. 57/2003, 61/2005, 64/2006 – correction, 99/2011 – other laws and 31/2019) shall be regulated the pledge, without delivering in possession, of movable objects and rights to secure a claim of a creditor, the contract…
