Attorney Dragana Djordjevic » Blog (16)

Instruments and subject of enforcement

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By the provisions of the Law on Enforcement and Security Interest  (“Off. Herald of RS”, Nos. 106/2015, 106/2016 – authentic interpretation,113/2017 – authentic interpretation, 54/2019 and 9/2020 – authentic interpretation) were regulated terms and types instruments of enforcement and enforcement subjects, as well as issues related to the application of the principle of proportionality,multiple instruments and subjects of enforcement, amending and adding instruments and subjects of enforcement.

Instruments of Enforcement

Actions used to settle a claim of an enforcement creditor are instruments of enforcement.

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Securities

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Securities are written certificates by which their issuer assumes a duty to fulfill the obligation inscribed in such certificate to its legal owner.

Securities must contain the following essential constitutive elements:

  • designation as to the kind of securities
  • indication of the firm, or name and registered office and/or name and domicile of the issuer of securities
  • indication of the firm or title, or name of the person to whom, or at whose order, securities are made out, or a designation that securities are made out to its bearer
  • exact designation of the obligation of the issuer resulting from the securities
  • indication of the place and date of issue of the securities, and in case of securities issued in series, their serial number
  • signature of the issuer of the securities, or the facsimile of signature of the issuer of securities issued in series.

For some kinds of securities other essential constitutive elements may also be determined by particular law. Continue reading Securities →

Accident insurance for passengers in public transport

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For the purposes of the Law on Compulsory Traffic Insurance (RS Official Gazette, No 51/2009, 78/2011, 101/2011, 93/2012 and 7/2013- Decision of the Constitutional Court), the types of compulsory traffic insurance shall be as follows:

  1. Accident insurance of passengers in public transport
  2. Third party liability insurance for owners of motor vehicles
  3. Aircraft passenger and third-party liability insurance for aircraft owners
  4. Third party boat insurance for boat owners.

The owner of the motor vehicles, aircraft and boat shall also include any user or other person registered as the owner of the means of transport in accordance with law.

Insurance against liability for damage caused to third parties concluded by the owner of the means of transport shall cover, under the conditions and in the way provided by the Law on Compulsory Traffic Insurance (RS Official Gazette, No 51/2009, 78/2011, 101/2011, 93/2012 and 7/2013- Decision of the Constitutional Court), the damages to third persons made by the means of transport, regardless of who was in the driver’s seat. Continue reading Accident insurance for passengers in public transport →