Law on Enforcement and Security Interest

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 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 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…
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Law on Enforcement and Security Interest

Enforcement motion and writ of execution

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…
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Law on Enforcement and Security Interest

Competence for conducting enforcement

According to the provisions of the Law on Enforcement and Security Interest competence for conducting enforcement is divided between court and public enforcement officer. Court has exclusive jurisdiction for the enforcement of joint sale of real estate and movable property, acts, omissions or sufferance and the enforcement of enforceable documents in connection with family relations…
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Mortgage Law

Mortgage agreement

Mortgage Law governs the mortgage, for the purpose of securing and collection of claims. A mortgage is a lien right on real estate, which empowers the creditor, in the event of the debtor’s failure to pay a matured debt, to request the collection of claim secured by the mortgage from the value of the real…
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Appeal and objection

Legal remedies in enforcement proceedings

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…
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