Debt collection

Law on Obligations

Obligations with several debtors or creditors

The provisions of the Law on Obligations govern the requirements for fulfilling debts with several debtors or creditors. When fulfilling duties with many debtors or creditors, dividing obligations into divisible and indivisible is important because it determines mutual relations and obligations between debtors or creditors based on the execution of Divisible obligations Dividing an Obligation and…
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Law on Obligations

Pledge agreement

The provisions of Articles 966–996 of the Law on Obligations govern the concept, object, and conditions for the legal validity of the pledge agreement, the rights and responsibilities of the pledger and the pledgee, and other essential issues. By a contract of security a debtor or a third party (pledger) shall assume the obligation to…
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Law on enforcement and security interest

Counter-Enforcement

Counter-enforcement is a set of actions that return to the debtor what the creditor received during the enforcement procedure if there was no basis for it at the time the enforcement procedure was initiated or if the basis ceased to exist during the further course of the enforcement procedure. The reasons for counter-enforcement, as well…
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Law of Contract and Torts

Refuting debtor’s legal acts (actio Pauliana)

The rule is that the obligatory relations between the debtor and third parties for the creditor are res inter alios acta. An exception to this rule is the possibility for a creditor to, under certain conditions, refute legal actions taken by his debtor with a third party. The creditor refutes such actions by filing a…
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Law on Enforcement and Security Interest

Instruments and subject of enforcement

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, 9/2020 – authentic interpretation and 10/2023 – other law) were regulated terms and types instruments of enforcement and enforcement subjects, as well as issues related to the application of the…
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Debt collection and Compensation

Unenforceability of the claims for damages

A right to request fulfilment of an obligation shall come to an end if time barred by statute of limitations. Unenforceability due to the statute of limitations shall follow the expiration of the period specified by statute during which the creditor was entitled to request fulfilment of the obligation. The court shall not consider the…
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