Attorney Dragana Djordjevic » "Law on Enforcement and Security Interest" (2)

Competence for conducting enforcement

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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 and reinstatement of an employee.

Public enforcement officers has exclusive jurisdiction for the enforcement of other enforceable documents, writs of enforcement based on a credible document, writs on adopting the motion for counter-enforcement and writs on enforcement of writs on enforcement of the court-imposed penalties.  Continue reading Competence for conducting enforcement →

Mortgage agreement

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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 estate prior to the ordinary creditors and prior to junior mortgage creditors, regardless of who is in the possession of the real estate.

Mode of Institution and Types of Mortgage

A mortgage is instituted by registration in the competent real estate registry, on the basis of:

  • Agreement or a judicial settlement (contractual mortgage)
  • Mortgage deed (unilateral mortgage)
  • Statute (statutory mortgage)
  • Court decision (judicial mortgage).

The contractual mortgage rules apply mutatis mutandis to unilateral, statutory and judicial mortgage, unless otherwise provided by law. Continue reading Mortgage agreement →

Legal remedies in enforcement proceedings

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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 contested by objection.

The objection is filed against the writ on the motion for enforcement based on credible document, against other writs of the first instance court or public enforcement officer defined by the Law on enforcement and security interest, and in the form of the third party objection.

Only in case of objection of the third party an objection is permitted against the writ issued on the objection to the writ, and the appeal only against the writ issued on the objection to the writ of execution based on a credible document.

A conclusion is not subject to objection or appeal. The objection or appeal filed against a conclusion is dismissed by a writ or conclusion which completes the enforcement proceedings. Continue reading Legal remedies in enforcement proceedings →