Law on Enforcement and Security Interest

Law on Resolving Conflicts of Laws with the Regulations of Other Countries

Conditions for the recognition and enforcement of a foreign court judgment in the Republic of Serbia

A foreign court judgment takes legal effect in the Republic of Serbia after the recognition procedure has been completed by the competent authorities of the Republic of Serbia. The procedure for the recognition and enforcement of foreign court judgments shall be conducted in accordance with: a bilateral treaty, where the procedural rules are contained in…
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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 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 and 91/2025) were regulated terms and types instruments of enforcement and enforcement subjects, as well as issues related to the…
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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. 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…
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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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