Month: September 2017

Article 268

In order to decide on a proposal for providing money claims based on a pledge of immovable property on the basis of a party’s agreement, the court which runs the public register to which the entry is to be made, ie the court in whose territory the public account Which needs to be enrolled.

For enforcement purposes, the court is the competent body, or the body that keeps the public book for this immovable property, visit casino en ligne france
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For deciding on a proposal to provide cash-based claims based on a pledge right on movable property under the parties’ agreement and for the execution of the security, the court in whose area this thing is located is competent.

Proposal for security

Article 269

The debtor and the client may agreefully request the court to determine and enforce the right to immovable property, ie to determine and enforce a list of movable property of a debtor in order to secure a creditor’s cash claim by a lawsuit On the immobile or mobile thing of the duo.

The deadline for the proposal and the agreement of the parties

Article 270

At the proposal of the parties , the court will determine the date on which the parties’ agreement on the existence of the claim and the time of their payment will be determined in the minutes and their consent to be entered into by the enlistment of the immovable property of the executing party, By establishing a pledge of rights with the list of movable items of the duo , provides a cash advance.

The signed minutes of the agreement of the parties referred to in paragraph 1 of this Article shall have the force of judicial settlement.

Determining and carrying out security

Article 27 1 .

Pursuant to the agreement referred to in Article 270 of this Law, the court will determine the enrollment and take all necessary measures to enforce the insolvency right of the tenant’s estate, or to determine and carry out the list of movable property of the duo.

Recourse from paragraph 1 of this Article has the significance of providing for the provision.

Application of other provisions of the Act

Article 27 2 .

The provisions of Article 263 of this Law shall be applied to the provision of money claims by the creditor on the basis of a pledge of immovable property on the basis of the parties’ agreement.

For the purpose of securing the creditor’s cash claim on the basis of the pecuniary right on the movable property of the acquirer, pursuant to the agreement of the parties, the provisions of Art. 72-78. Of this law.

Sale of immovable or movable things of the executives

Article 2 73 .

At the suggestion of the creditor, the court shall, when it finds that the agreement of the parties referred to in Article 270 of this Law has become effective, determine and execute the execution on the immovable or movable property of the duo, in order to settle the provision of cash claim creditor to the provisions of the execution on immobility (čl.98-151) or the provisions of the execution on movables (Art. 69-97) in addition to the provisions of the exclusion of execution of Article 70 hereof .

Reaching from paragraph 1 of this Article has the significance of the execution.

Immovable property registration ( Article 102) has legal effect since the date of the enactment of the pledge of immovable property in the procedure of insolvency (Articles 271 and 272).

The action list of movable assets is not repeated, and conducted an inventory of things have legal effect from the date of acquisition zalonog rights in the process of securing ( member 271 and a member of the 272 st av 2).

Head third

LACK OF RIGHT TO NON-COMPREHENSIVE RIGHTS BASED ON EXISTENCE OF EXPRESS

1. The right to the rights and obligations of public books

Mesna nadležnost

Article 2 74 .

In deciding on a proposal for providing money claims by establishing a pledge on immovable property and carrying out security, the court in whose area the immovable property is to be entered is the competent court.

Establishment Requirements

Article 2 75 .

On the basis of an executing document referring to a monetary claim, the executing debtor has the right to request the provision of that claim by establishing a pledge on the immovable property of the executing party.

The way of foundation

Article 27 6 .

The right to immovable property is based on an entry in the public register.

When filing a lawsuit, the public register will record the performance of claims for which a lawsuit is permitted.

If the executing debtor, before the claim has become enforceable, has already obtained the contractual right to claim it on the same immovable property or the lawsuit is filed, the court will, At the suggestion of the executing creditor, specify that the public record should enter the performance of the claim.

Enrollment

Article 27 7 .

The entry of the pledge right and the entry of the execution of the claim shall have the effect that the execution of such immovable property may also be carried out and to the third party that this immovable property has subsequently obtained.

2. Acquiring the Right to Property on Rights and Rights Not Public Books

Claims to be secured

Article 278

For the purpose of securing cash claims that can not be provided in the public register or in another public register , provision may be made for the provision of provisional pledge, provided that the proposer makes it probable that there is a risk that Without this provision, later execution may be discouraged or significantly disturbed.

The way of acquiring a lawsuit

Article 279

Pecuniary right is acquired by a list, subject to the provisions of this Law.

Shodna primena

Article 280

On termination zalonog rights, as well as on the sale or redemption century in acres and rights that are not water public records shall be applied rules about Zalon right on movables.

Head fourth

PREVIOUS MEASUREMENT

Mesna nadležnost

Article 281

In order to decide on a proposal for providing the foregoing measure and for the implementation of such a measure, the defendant is a competent court that would be competent to execute the case on which the security was proposed.

Conditions for Determining Prior Measures

Article 282

Previous rate is determined on the basis of national decisions on monetary claims, and not become pravnosnana or not become Turn over , if you turn the creditor makes it credible threat to this without security thwart or significantly Otea achievement claims.

The provisions of paragraph 1 of this Article shall also apply to settlements concluded before a court or body that decides in an administrative proceeding for which a claim has not been made.

The precautionary measure may be determined on the basis of a payment order issued on the basis of a wafer or a waiver.

Presumed danger

Article 283

It is considered that the danger, within the meaning of Article 282 of this Law, exists if the proposal for security is based on one of the following decisions:

1) the payment order is issued on the basis of a bond or is put against which objection submitted;

2) to the judgment rendered in a criminal matter, which was adopted property p -level requirements, and against which is allowed to reopen a criminal proceeding;

3) the decision on which execution should be carried out abroad;

4) the award based on the acknowledgment against which the statement was filed;

5) at settlement settled before a court or body that decides in an administrative procedure that is disputed in the manner provided by law.

In the cases referred to in paragraph 1, 4 ) and 5 ) of this Article, the court may, at the proposal of the executing officer, ensure by the application of the precautionary measure the provision by the executing debtor of the execution of the proceeds, for the damage that the executing duct could have suffered by the determination of the previous measures.

Obtaining a search whose meals did not come

Article 284

Provision for the default for non-payment of claims on the basis of legal aid, claim on the basis of compensation for loss of earnings due to the death of the provider of the remuneration and for impairment of health or impairment or loss of working capacity, determines Only for meals that will come in one year.

In the cases referred to in paragraph 1 of this Article, it is assumed that there is a danger if the executing officer has already had to be executed for the purpose of charging the unhealthy meal or that such execution is proposed.

Types of previous measures

Article 285

As the previous measures, the court orders:

1) list of movable things;

2) ban Dunik izvrnog Dunik to pay reverse a Dunik claims or to give him things, and reverse a ban Dunik to collect claims, to accept things and To dispose of them;

3) a ban on the bank to reverse Dunik or a third party, on the order of izvrnog Dunik, payment from his account the amount of which is determined by previous measures;

4) the pre -emption of the immovable property rights of the executing party or the immovable property right.

The Court may, at the suggestion of the executing trustee , determine, in the circumstances of the case , two or more previous measures, if necessary.

Prohibition of payment of cash funds of the executing officer

Article 286

The amount of funds outstanding by a debtor in the account at a bank for which a ban on payment is prohibited may not be transferred from that account until the time the ban is made, except for the purpose of securing the claim.

Sale of census items and transfer of search of executives

Article 287

The Court will determine the sale of a list of movable items that are subject to a rapid breakdown or if there is a risk of a substantial fall in prices for these items.

Sale of the listed items shall be executed under the provisions of this Law on Execution on Movable Items.

If the previous measure is determined by a prohibition on payment of a claim, the court may, at the proposal of the executing debtor or executing officer, determine that the executing debtor shall transfer the claim to the debtor in case of There is a danger that the search, due to the delay in its implementation, will not be able to charge or lose the right to regress towards a third party.

The amount obtained by selling things or collecting claims is kept at the court until the termination of the previous rate or turn the creditor while not submitting of execution, and due within 30 days from the date of execution of n gaffe claims.

Responding to the determination of the previous measure

Article 288

In the ruling determining the previous measure, the amount of the claim to be secured, with interest and costs, the amount of security and the time for which it is determined shall be indicated, inter alia.

The time period referred to in paragraph 1 of this Article may last until the expiration of eight days after the conditions for compulsory execution have elapsed.

If the time period referred to in paragraph 1 of this Article expires before a decision on the basis of which a previous measure becomes lawful, the court shall, at the suggestion of the executing creditor, extend that period, provided that the circumstances of the case have not changed To which the measure is determined.

Abolishing the previous measure

Article 289

The court shall, upon the proposal of the executing officer, suspend the proceedings and terminate the actions taken:

1) If you turn the Dunik polo court the amount of claims that it provides, with interest and insurance costs;

2) if Dunik turn the likelihood that the claims at the time of drafting the ordination of determining the necessary measurements already been charged or sufficiently ensured;

3) if it is legally established that the claim did not occur or has ceased.

The Court shall suspend the proceedings and terminate the action if within 15 days of the expiry of the time for which the previous measure has been determined that the conditions for compulsory execution are not met.

In the cases referred to in paragraph 1, 2) and 3) and paragraph 2 of this Article, the costs incurred by the determination and execution of the previous measure , the executing debtor is obliged to compensate the executing officer.

In such cases, the executing officer shall have an enforceable creditor and the right to remuneration of the debtor.

Suspension in case the executing debtor does not request execution

Article 290

In case the conditions for compulsory execution are fulfilled before the expiration of the time for which the previous measure has been determined, the court will suspend the proceedings and terminate the action if the executing debtor does not submit the proposal for execution decision within 15 days from the day of occurrence of these conditions.

The head of the fifth

PROTECT MERE

1. Basic Rules

When a temporary measure can be determined

Article 291

Provisional measures may be imposed before the initiation of proceedings before and during judicial or administrative proceedings as well as upon termination of such proceedings, until such execution is effected.

The unenforceability of a provisional measure

Article 292

The temporary measure is forbidden if the Security moe accomplish other collateral which may achieve the same purpose.

But rather than provisional measures

Article 293

The Executive Borrower may , in the provisional determination or subsequently , declare that, in return for a provisional measure, the claimant is satisfied by the claim of the executing officer , a certain amount in the name of the importer .

Instead of provisional measures, it may also be determined on the proposal of the executive duo.

If the enforced duo is guilty, the court will suspend the proceedings and abolish the acts already carried out.

Being as a prerequisite for determining a provisional measure

Article 294

The Court may, at the suggestion of the executing trustee, impose a provisional measure and, if it has not done the probable existence of the claim and the danger, if it has previously settled, within the time allowed, the amount which the court designates as a deduction for An excellent duo might be caused by determining and implementing a temporary measure.

The court may, at the proposal of the executing officer, act according to the circumstances of the case under the provisions of paragraph 1 of this Article and when the executing debtor has made probable existence of claims and dangers.

Determination of more temporary measures

Article 295

The Court may, on the basis of the circumstances of the case, determine, at the suggestion of the executing trustee, more temporary measures, if necessary.

Time for which a temporary measure is determined

Article 296

In the provisional determination of the provisional measure, the duration of that provisional measure shall be determined. If a provisional measure is determined before the submission or before the second proceeding is initiated, the time limit within which the creditor has to file the appeal, ie the proposal to initiate another procedure, shall be determined for the purpose of justifying the measure.

At the suggestion of the executing creditor, the court will extend the duration of the provisional measure provided that the circumstances under which such a measure have not changed have changed.

Proposal from paragraph 2 . Of this Article may be submitted only before the expiration of the time for which the provisional measure has been determined.

Abolishing temporary measures

Article 297

If the executing debtor has not filed a lawsuit within a certain period of time, or has not initiated any other proceedings to justify a provisional measure, or the time for which the provisional measure has been set has expired, the court shall, upon the motion of the executing officer, suspend the proceedings and Abolish the actions taken.

At the proposal of the executive duo, the procedure will be suspended and the actions taken will be abolished, if the circumstances for which the provisional measure has been determined have changed somewhat so that it is no longer necessary.

Compensation is paid to an outstanding duo

Article 298

The executing officer has the right of the executing debtor to compensate him for the damage he has suffered by a provisional offense for which he has been found to have been unfounded or which the executing debtor has not justified.

2. Provisional Measures for Provision of Cash Demand

Terms for determining a provisional measure

Article 299

Provisional measures for providing money claims can be determined if the executing creditor has made probable existence of the claim and the risk that without such a measure the executable will be able to discourage or substantially discourage the collection of claims Which will dispose of their property or assets, conceal them or otherwise dispose of them.

A verifiable debtor does not have to prove the danger if he makes it probable that a committed duo might suffer only a minor defect.

It is considered that there is a danger especially:

1) If the search should be made abroad;

2) if the enforcement proceedings have already led to the execution procedure due to non-fulfillment of the dormant meals against the executing officer;

3) if the legal obligations izvrnog Dunik and its obligations established pravosnanom decision to a court and the other th body exceeding its regular income;

4) If the executing officer was unsuccessfully attempted to execute that failed because he refused to provide information on where the property is situated and that he is in the process Previously executed executing procedures gave incorrect information about his property.

Types of Temporary Measures

Article 300

For the purpose of securing cash claims, any measure that may be used to provide such security may be determined, in particular:

1) prohibition to reverse a Dunik movables is accommodated, and the withdrawal of such things izvrnog Dunik of the delegation of the deposit reverse a creditor or a third party, or the deposit to the Court;

2) prohibition reverse a Dunik to alienate or encumber the real property or real rights on real estate registered in the public register in his favor, with the entry of the ban in a public register;

3) prohibition Dunik izvrnog Dunik to pay him claims or delivering things like reverse a ban Dunik to receive things, to collect claims and received things or collected amount disposes e;

4) The order of the bank or other financial organization , where the executing party has an account , to the executing officer or a third party, upon the order of the executing party, from the account of the executing officer Payment of the cash amount for which a provisional measure has been determined;

5) seizure of an executor and deposit in cash or securities deposit.

Prohibitions and orders referred to in paragraph 1 of this Article shall be deemed to be enforceable when the dispute is served to the person to whom it relates.

The order of the bank or other financial organization referred to in paragraph 1, item 4 of this Article shall be submitted to the forced collection organization, which without delay delivers it to all banks and financial organizations where the executing accountant has an account and at the same time forbids other banks and financial Organizations to open an account to an executor.

A creditor who is in favor of a provisional measure has the right to have a person who has been obliged to comply with a ban or order to claim compensation for the loss suffered because of their disenfranchisement.

Invert Dunik , or a third person who is issued a prohibition or order under paragraph states 1 . Tač . 1) to 4) above, which do not conform to the order or prohibition , imposed by the article 4, the fifth hereof.

Probation of temporary measures

Article 301

A provisional measure does not achieve a lawsuit, but the court may also, and especially if there is a danger specified in Article 299, paragraph 3 of this law, acquire temporarily a criminal default interest.

3. Provisional Measures for Provision of Non-Profit Claims

Terms for determining a provisional measure

Article 302

For the purpose of securing a non-monetary claim, a provisional measure may be imposed if the executing creditor has made probable existence of the claim and the risk that the pursuit of the claim will be frustrated or significantly disturbed.

Provisional measures may also be imposed when the executing debtor makes it probable that the measure is required to prevent the use of force or the occurrence of unsustainable losses.

The provisions of article 299 . St av 2 . And paragraph 3 . Item 1 ) of this Law shall apply also to the provisional measure for the provision of non-monetary claims.

Types of Temporary Measures

Article 303

For the purpose of securing non-pecuniary claims, any measure by which the purpose of such provision can be achieved, in particular:

1) prohibition of ignition loads and moving points to which the claims directed, the withdrawal of such things and entrusting to deposit reverse a creditor or a third party, or the deposit to the Court;

2) the ban on alienation and the burden of immovable property to which the claim was directed, with the inclusion of a ban in the public register;

3) a ban on an executor to take actions that may impose an obligation on the debtor as well as the ban on making changes to the matters that are governed by the claim;

4) prohibition Dunik izvrno g Dunik and to reverse Dunik before things that were directed claims;

5) prohibition of alienation and load shares or interests in the company that manages claims and zabeleba this prohibition in the Central Registry of Securities , One with no book udelničara and the public register of societies with limited odgovornoću , prohibition binding and disposal rights from stocks and shares and entrusting shares or interests in the management of the third person , UK lj učuju CI setting interim administration society;

6) an order of the executing officer to perform certain actions necessary to preserve a movable or immovable thing, prevent its physical change, obstruction or destruction;

7) Authorization to the executing creditor to make an action or to deal with a certain matter about the performance of the executing officer, especially if this is necessary to establish the yardstick;

8) payment of compensation to an employee during a dispute about the illegality of the decision on termination of employment, if this is necessary for his izdravanje and izdravanje persons who by law must do Enduring, while determining resources executive Compensation for compulsory payment of remuneration for remuneration or temporary return of an employee to work;

9) temporarily arranging the dispute in order to eliminate the danger of violence or major irreparable tet e .

Invert the creditor in whose favor a temporary measure imposed is entitled to , from the person who was Duno to travel ban or an order , request compensation for damages he suffered because of their nepotovanja.

Prohibitions and orders referred to in paragraph 1 of this Article shall be deemed to be enforceable when the dispute is served to the person to whom it relates.

Invert Dunik , or a third person who is issued a prohibition or order under paragraph states 1 . Tač . 1) to 4) above, which do not conform to prohibit , or arrest , imposed by the provisions of Article 45 of the Law.

ITS SEATS

TRANSITIONAL AND FINAL PROVISIONS

Article 304

Execution and security procedures commenced by the date of entry into force of this Law shall be terminated in accordance with the provisions of the Law on Enforcement Procedure (“Official Gazette of the FRY”, Nos. 28/00, 73/00 and 71/01).

Article 305

On the date of entry into force of this Law, it ceases to apply the Law on Enforcement Procedure (Official Gazette of FRY 28/00, 73/00 and 71/01).

Article 306

This law shall enter into force three months after its publication in the “Official Gazette of the Republic of Serbia”.

Article 242

The rules of this chapter apply in commercial matters where the executing party is a legal person or an entrepreneur or a natural person who performs business for gaining profit and has an open account in accordance with the payment system regulations .

The rules of this Chapter the deacon shall apply to the decision of execution t rgovinskih courts and when it is not about individuals from pre th odnogo bet, if you turn the creditor proposes execution on shares or parts, or if it proposes A shortened procedure on the basis of verifiable documents provided for in Article 253 of this Law.

The contents of the proposal for execution

Article 243

In the proposal for of execution , in addition to the mandatory gypsum provided for in Article 49 of this Law shall be and marked the following data:

1) identification number of the executing officer,

2) the tax number of the executing officer,

3) the names of the banks and the accounts of the executives account with the commercial banks,

4) the name of the bank and the account number of the executing creditor .

If at the request of the creditor izvrnog turn the Dunik no deliveries and , without delay, the information referred to in paragraph 1 of this Article, Executive creditor may present the proposal and without them, the evidence of the duration data, And the court will require the compulsory billing organization to submit this information.

Requirements for the organization forced to p latu for providing data to the moe to deliver and immediately turn the creditor if supplied evidence that initiated the process of execution forced.

The compulsory billing organization is obliged to provide the requested information without delay.

submission

Article 244

Delivery to legal entities is made at the address of the legal entity registered in the Register of Legal Persons. In the event of such failure to be served inadmissible, it will be effected at the address of the person authorized to represent that is entered in the register.

If the delivery by the provision of paragraph 1 of this Article is left unsuccessful, the delivery to the legal entity shall be effected by indicating on the notice board of the court and it shall be deemed that the delivery was effected within eight days from the date on the court notice.

2. Joint Provisions on Execution on Actions and Interests in Limited Liability

Mesna nadležnost

Article 245

For a permit to execute and execute the actions on a stock company’s shares and shares in a limited liability company, the commercial court in whose area the public register of the company has been registered, Which actions he or she proposes to perform the actions.

Execution actions

Article 246

Exercise on the actions and stake has in limited liability with the plenitude, valuation, sales and settlement of the executing debtor.

3. Execution on the action

Sequestration

Article 247

An action execution report shall be delivered to the executing debtor, the executives and the Central Securities Registry.

The winning duel of the moment of plenitude can not dispose of the stuck action.

By submitting a statement on the execution of the actions to the Central Registry, the pledging of the actions that are the subject of execution shall be completed.

In the moment of plenitude, the executing debtor gains the plagiarized right to seized shares.

The Central Register of Securities shall, upon receipt of the execution report, or at the request of the executing creditor, without delay, enter into the Register a right of action. From the moment of entry, the third party is not sav- ible in relation to the existence of the creditor’s right of action.

Evaluation and sales

Article 248

The value of the action is determined by the court.

If the action is listed on the stock exchange, its value is determined as the average price on the Stock Exchange in after d them 30 days, according to stock exchange delivery reports. If the value can not be determined in this way , the court will decide on the proposal of one of the parties.

If the shares are traded in a stock exchange, they will cash on the stock exchange.

Actions may also be sold in a manner other than that provided for by the law regulating the traffic of the shares.

The valuation and sale of shares, as well as the settlement of the executing creditor from the resulting price, are governed by the rules on sale of movable property.

4. Exercise on a party with a limited liability

Sequestration

Article 249

Responses to the execution of a share in limited liability company shall be delivered to the executing debtor, the executing court and the court , or the organization that maintains a public register of limited liability companies.

By submitting a ruling on the execution of a hearing in the company with a limited liability to the court or organization referred to in paragraph 1 of this Article , the plenum of the disputed subject is executed.

Plenipotentiary creditor acquires the right to be heard.

Responding to a plenum is submitted to a limited liability company that is obliged to do the filing of the pledge right in the book of members of the company on the same day .

Responding to the plenum shall be submitted to the court , or to the organization that maintains a public register of limited liability companies, which shall without delay lay down the petty litigation right.

From const and t rec dreams zalonog rights turn the Dunik he can not dispose of the share.

Evaluation and sales

Article 250

The rules of this law that apply to the evaluation and sale of the shares shall be applied to the assessment and sale of shares.

The right is over purchasing

Article 251

When selling shares in limited liability companies, the remaining members of the company have the right to over-purchase.

The right to purchase the remaining members of the society is exercised by the rules on the realization of the right of over purchase when executing immovable property.

Head two

EXCELLENT EXECUTIVE PROCEDURE

Party Properties

Article 252

A shortened execution procedure may be executed if the executing debtor and executing party are legal persons, entrepreneurs, natural persons who perform the activity for gaining profit and have an open account in accordance with the payment system regulations as well as Physical persons in the capacity of a contractor of a commercial loan contract.

Verifiable document on the basis of which the shortened execution procedure can be executed

Article 253

A shortened execution procedure may be carried out on the basis of any verifiable document proving the existence, the amount and the reliability of the creditor’s claim undoubtedly, and in particular:

1) Checks and checks with a protest and a return account if necessary to make a claim ;

2) bonds and other securities that entitle the holder to the payment of the nominal value ;

3) a derecognized non-bank guarantee ;

4) obtain a non-letter of credit ;

5) overdue statement of the executing officer by which the executing supervisor authorizes the transfer of funds ;

6) a public document constituting a financial obligation;

7) Every contract in the economy.

Verifiable document referred to in paragraph 1, item 7) is a written contract in which the signatures of the authorized persons are overshadowed by the competent court or another body authorized by law.

A shortened procedure may not be carried out on the basis of a foreign document.

Proposal for Execution of Shortened Execution Procedure

Article 254

The unique creditor who wants to be on the basis of authentic documents of the previous article implement the simplified procedure of execution , Duan that the proposal for of execution expressly indicated.

If the executing debtor does not indicate that it is a payment execution, that is to say a shortened execution procedure, enforcement will be carried out under the provisions of this law foreseen for execution on the basis of a verifiable document.

Permission to execute

Article 255

When satisfied that the conditions for shortening ht one turn the proceedings, the court shall issue the ordination of execution in accordance with Article 52 of this Law.

Against a refusal to reject or reject a proposal for a permit to execute, and a shortened procedure is allowed.

Complaint

Article 256

The executing officer has the right to complain against the execution of the shortened procedure.

Objection can be made for the following reasons:

1) that an incorrect content is entered in the document from Article 253 of this Law ;

2) that the document is signed by the unpaid person ;

3) the undertaking of documents performed;

4) that the obligation from the document has not expired;

5) that the creditor’s obligation at the same time is not fulfilled.

An objection may be filed within three days of receipt of the execution report in a shortened procedure.

Proof of Objection

Article 257

The defendant is obliged to submit the following objections with the objection:

1) a judicial decision by which the invalidity of the document or the extract from the Central Register of Securities is established , if it claims that the document is untrue;

2) a statement from the Register of the person authorized to represent at the moment of issuance of the document , if he claims that the document has been signed by the uninhibited person ;

3) a payment order in the written or electronic form on the basis of which the transfer of funds is made, if it claims that the obligation is met.

In the event of a complaint of non-compliance with the obligation of the document, the unequivocal nature must arise from the document itself.

In the event that the executing official objects to the objection of non-fulfillment of the creditor’s obligation at the same time, the court shall leave a three-day deadline for the creditor to submit proof of the fulfillment of his obligation.

If the creditor proves the fulfillment of the obligations at the same time, the court will rule on execution against the executing officer.

Complaint procedure

Article 258

The decision is made by a majority composed of three judges of the court who made the execution of the execution in the shortened procedure.

If the court finds that the objection is grounded, the ruling on the execution of the shortened procedure in the offense where the execution is determined and the case shall be terminated to the civil court for further proceedings, as in the execution procedure on the basis of a veritable document.

The Court must ordination on the complaint within eight days from the day receipt of the complaint in court in .

An objection stops executing execution decisions.

alba

Article 259

Against the rejection of the objection or refusal of the objection, the executing party has the right to appeal.

Deadline for the declaration of entry referred to in paragraph 1 . This member is three days.

alba does not stop executing.

The decision shall be taken within eight days of receipt of the case at the second instance court.

The Appeals Chamber may revoke the sentence or confirm it.

If it terminates the complaint rejecting the objection, the case will be returned by a larger first instance court to re-decide on the objection.

If the second-instance court terminates the complaint rejecting the objection, it will rule out the execution of the execution in a shortened procedure in the offense of execution and the proceeding will continue as a complaint against the payment order.

DEO ESTI

SECURITY

Head first

BASIC RULES

Launching the procedure

Article 260

The process of securing initiated by the party and sought other persons , or body only when it is provided by law.

In the proposal for security, there is a claim for which security is sought, legal reasons for security, facts and evidence from which the court determines that the existence of legitimate reasons for security is probable, as well as the type of security , under the condition that the court adopts a proposal He made the provision.

Means of security

Article 261

As a safeguard instrument, only a pecuniary right to immovable and movable property may be determined on the basis of the parties’ agreement , the right to immovable property on the basis of the execution document, precautionary measures and provisional measures.

Unavailability of security

Article 262

Obstruction is not allowed on things and rights that can not be subject to execution under the law.

Applying the provisions of certain laws

Article 263

The provisions of the Civil Procedure Act shall be applied in the procedure of discussion and decision-making on a proposal for security, unless otherwise provided by this law .

In the process of conducting reinsurance provision, the provisions of this law governing the enforcement procedure shall be applied, unless the provisions of this Chapter of the law provide otherwise.

Competence and composition of the court

Article 264

If the proceeding is initiated before the initiation of litigation or another procedure in which the determination of the claim for which the security is sought is decided, the court competent for the first instance decision on the merits of the claim is competent.

In the process of providing security the decision is made by the individual judge, regardless of the composition of the court.

If the process of providing running at the same time or after the initiation of litigation or other proceedings in which it decides on the merits of the claims which the Security gossip, in the process of securing acts and decisions made by the court , or other authority that decides on the claims.

If a proposal for security lodged before a court before which a proceeding against a decision on a major matter is conducted , or in an extraordinary legal proceeding, that court shall decide on the proposed means of security and without delay inform the first instance court.

If the proposal for security is submitted during the execution procedure, the decision is taken by the court before which the execution procedure is conducted.

For the purpose of securing the rights and obligations of public books or other registers, it is solely the competent court in whose territory it is located the seat of the body or organization that keeps that book or register.

Special Rules of Provision

Article 265

In the security proceedings, the court may decide to provide security before submitting the proposal to the opposing party and before the counterparty has made it possible to declare the proposal:

1) if the prospector of the security, due to the delay, could suffer an irreversible or grossly compensable loss;

2) in order to eliminate the immediate danger of unlawful damage to property or loss or theft of rights ;

3) to prevent violence.

In the safeguarding process, the court will only consider those facts and produce only the evidence that the parties propose, and which court considers essential to deciding on the proposal for security. Proof by hearing the parties will be conducted by the court solely for the purpose of establishing the existence of legitimate grounds for securing, which can not be determined by other means of evidence in the circumstances.

In order to determine the existence of legal reasons for providing it, it is sufficient probability that the facts on which these considerations are based will exist, unless otherwise provided by this law.

In the process of securing matrimonial and family relationships, the public is excluded.

The delivery of the written record in the procedure of security is done by the application of the provisions on delivery in the execution process.

Reading about providing

Article 266

The Reading on Provision contains the court’s decision on the remedy, a brief explanation of the legal reasons for the adoption of a proposal for providing security and an instruction on whether the court retains the execution of the reprimand, within which time and to which court alba can declare.

Legal medicines

Article 267

Complaint against reprisals, as well as a reprimand against which a security proposal is rejected or rejected, shall be filed within three days of the date of delivery of the reprimand.

Complaint against reparation on remedies only remedies the execution of remedies only when determined by this law.

Alba paragraph 1st of this article, together with the case, shall be submitted without snooze making the court competent to decide on appeals, who decide on it within eight days of receipt of the file.

Exceeding the time limits referred to in paragraph 3 of this Article shall be deemed to be delayed by proceedings by a judge, in accordance with the provisions of the Judicial Law.

No revision and a suggestion for a repeat of the procedure were allowed under the security procedure.

Article 205

To decide on a proposal for execution for the surrender of one or more items or for the delivery of a certain amount of zeal for the items, as well as for carrying out the execution, is the competent court in whose area of ​​affairs are located.

2. Submit individually certain things

When things are in an executive duo or a third person

Article 206

Execution for the surrender of one or more individually determined or individualized items to the executing officer shall be carried out in such a way that the bailiff seizes these things from the executing officer and surrenders them with confirmation of execution My debtor.

Pursuant to the provisions of paragraph 1 of this Article, execution shall also be effected when the case is with a third party who is willing to submit them to the court executor.

If a third party is unwilling to give up, the enforceable creditor may suggest that he or she carries a search for a superior duo towards a third person to hand over things.

The procedure on the proposal referred to in paragraph 3 of this Article shall apply the provisions of the Act on execution on claims to surrender or deliver movable.

When unimaginable things were not found in the executive duo or the third person

Article 207

When Nezami him living things are not found with izvrnog Dunik or third party, the court shall, on a proposal izvrnog creditor that he turn the Dunik worth the value of these things, assess the value of things and ordination Downloading That the executing officer should pay the value of that item within a certain time, and determine the execution for the purpose of charging the amount of the estimated value with the prescribed default interest on that amount from the date of the assessment to the payment.

The Executive Borrower may make a proposal within the meaning of paragraph 1 of this Article within eight days of the date that the matter was not found.

The Executive Borrower is obliged to propose a means of payment in the proposal referred to in paragraph 1 of this Article for the purpose of collecting the value of the assessed item.

Execution of the remedy referred to in paragraph 1 of this Article shall be carried out by virtue of the validity of that ruling.

If the executing debtor does not make a proposal within a certain time for the executing debtor to pay the value of the matter, the court will suspend execution.

3. Surrender of the zama of all things

When things are in an executive duo or a third person

Article 208

When an executing document is meant to deliver a certain quantity of the zeal of any items that are found in the executing officer or third person, the execution is carried out in a manner prescribed for the surrender of individually determined things.

When the eardrops were not found in the execution duo or the third person

Article 209

If me nlj living things are not found with izvrnog Dunik or third party, Executive creditor moe submitted that the conduct of execution so that it would authorize the court that within a specified period, and to The cost of an outstanding duo, get those things on the other side.

Proof of purchasing items on the other side, the executing debtor may file within eight days of the day the court informs him that things have not been found.

The court shall , at the suggestion of the executing administrator , order the executing officer to provide the court with a court order within a certain time for the purchase of the item, and determine the execution for the purpose of charging that amount with the prescribed default interest from Assess things by the date of filing the amount of court.

The Executive Borrower is obliged in the proposal referred to in paragraph 1 of this Article to impose a remedy for collecting the amount needed for the purchase of the item.

Execution of the repository from st . 1 and 3 of this Article shall be conducted in the legitimacy of this decision.

If the executing debtor does not submit a bid for the purchase of things on the other side within the time limit referred to in paragraph 2 of this Article, the court shall suspend execution unless the executing creditor has made a timely proposal to pay the outstanding debtor The value of things that had to be handed over.

Head two

ISPRANJENJE AND SURRENDER A IMMOVABILITY

Mesna nadležnost

Article 210

In order to decide on a proposal for execution for the purpose of restoration and transfer of immovable property, and for the execution of this execution, the competent court is the court on whose territory the immovable property is located.

How to Perform Execution

Article 211

Execution for the surrender and surrender of immovable property shall be carried out in such a way that a court bailiff, after leaving the person and removing the property from that immovable property, hand over immovable property to the superior creditor.

Refunds and immovable property may be accessed after the expiration of eight days from the date of delivery of the execution of execution to the executor.

If a minor is involved, the court will inform the enforcement body about the execution .

At the request of a court bailiff, which must be executed by the executing debtor no later than eight days before the enforcement of the execution, the executing debtor is obliged to provide the necessary work force and the means of transport for the execution of the execution.

At the request of the court the internal affairs body is obliged to provide all the necessary assistance in carrying out the actions referred to in paragraph 1 of this Article.

The perpetrators of the execution of the execution shall be dismissed by the court, or against such persons, shall be fined, in accordance with Article 45 . This z akona.

Removing movable items

Article 212

Movable things to be removed are surrendered to an executive duo and if this is not present to an adult member of his household or his proxy.

If when taking The unique action is not present is not one of the persons that things may submit or that such persons will not be received, things will be handed over for safekeeping to another person or reverse a creditor , the trok in izvrnog du authority.

The removed items are handed over to the custodian to the other person or to the executing magistrate, which is the record that the executing judge confirms with the conclusion. The Court may subsequently conclude that things have to be relieved of a third person rather than the one they are giving up.

About surrendering to another person and the cost of keeping things, the court will notify the executing officer leaving a deadline for him to seek to return things back to him after he or she has compensated for the costs of keeping things.

In addition to the objection from the previous paragraph, the court will warn the executive officer that after the expiration of a certain deadline the goods will be sold and that the cost of storing and selling the items will be deducted from the selling price.

Sale of movable items

Article 213

The court shall, by virtue of its official nature, determine the sale of the goods for the account of the executing officer if he does not demand their surrender within the prescribed period and does not pay the costs of keeping.

Part of the price achieved by selling, which remains after settling the costs of storing and selling things, goes to court for the benefit of an outstanding duo.

Selling things done under the provisions of the Act on execution on movables.

Execution for billing process costs

Article 214

The Executive Borrower may propose an execution order for the surrender and surrender of immovable property to require that together with the execution the execution of the movable movable property be removed from the immovable property for the purpose of collecting the property Execution procedure.

Execution referred to in paragraph 1 of this Article shall be determined and executed in accordance with the rules of this Law on execution of movable property of the executing party for the purpose of collecting the monetary claim and at the proposal of the executing debtor.

Head third

EXEMPTION OF THE OBLIGATION TO FUNCTION, INJURY OR EXPLOITATION

Mesna nadležnost

Article 215

If turn the Dunik by izvrnoj correct duan to do a specific action or to refrain from certain actions or to suffer determined in action in , for deciding on the application for enforcement of execution and the execution The court is the competent court in whose territory the executing officer has to fulfill the obligation to execute the correctional act.

The action that can be accomplished by another person

Article 216

Execution for the purpose of performing an obligation for an act carried out by another person is effected by the court authorizing the executing debtor to reduce the expense of the executing party to the other person to make or to perform the transaction alone.

In the proposal for execution, the enforceable creditor may suggest that the court by ordering the executing officer to settle before the court a certain amount needed to settle the costs incurred by the actor By another person or by an outstanding creditor.

The final decision on the amount of costs referred to in paragraph 2 of this Article shall be made by the court at the proposal of the executing debtor or the executing officer, upon the action taken.

If it is subsequently proved that the remuneration referred to in paragraph 2 of this Article has been obtained from the executable of more funds than was necessary to cover the costs of carrying out the action and the costs of execution The court shall, on the proposal of the executing officer, restore the difference if it has the funds acquired by the executing officer, or at least to the executing debtor, to return the difference within a certain time if he has been left Available.

Based on the remedies referred to in paragraph 2 of this Article, it may be proposed to execute before the validity of the execution of the execution, and based on the remedy referred to in paragraph 3 of this Article only after his / opportunities.

Action that can only be performed by a duo

Article 217

If the action specified in the execution document can only be performed by the executing officer, the court shall, by means of execution of the execution, determine to the executing officer the time limit for the fulfillment of the obligation and at the same time to impose a fine as referred to in Article 45 In case of failure to make an obligation.

After the expiry of the deadline, if the executing officer has failed to fulfill his obligation, the court shall, upon official duty, make a ruling on the imposed financial penalty.

At the same time, the court will set a new deadline for the fulfillment of the obligation and to impose a new fine higher than the one it has been given in the event of failure to fulfill its obligation within that period.

The court shall impose fines on the executing official and punish new ones by determining further deadlines for the fulfillment of the obligation, until the total sum of the fines imposed reaches the tenth of the first sentence imposed, which is repeated until the executing officer has executed i your obligation.

An executive officer who fulfills his obligation within the time limit set by his court is obliged to notify the court without delay and submit undoubted evidence of it. Undoubtedly, evidence will be deemed to be an overwritten written statement of the executing creditor that the action was taken, the record of the court executor on the performance of the case, and the finding and judgment of the court that the action was taken.

If the action that can only be performed by the executing party depends not exclusively on his / her will (eg, the creation of certain artistic works and the like), the executing debtor has no right to request the execution from paragraph 1 of this A member is already paying a fee only.

Failure and Suffering

Article 218

In the manner envisaged in the previous article, execution is also performed when the executing duo behaves contrary to the obligation not to make a particular action or to undertake a certain action.

The Court will, at the suggestion of the executing trustee, order the executing officer to settle the claim for damages if the executing debtor makes it probable that the damage would be incurred so that the executable He continued to act contrary to his obligation.

The length of time spent is determined by the court according to the circumstances of the case.

Based on the decision on the execution of the execution, execution is carried out at the proposal of the executing debtor.

Execution to establish the yarn condition

Article 219

If due to behavior of izvrnog Dunik contrary to the obligation of reverse a document resulting change that is not in accordance with law izvrnog creditor, the court will izvrnog creditor, at his request, authorize that I have , and if necessary And with the help of a court bailiff , to establish the prevailing state of the risk and the cost of the executives.

In terms of taking the amount required to cover the expenditure on establishment pređanjeg disease, and final height of these TROKU the provisions of the insurance costs of execution of actions that may , in addition izvrnog Dunik , executive go the other cheek.

Repeat the drill

Article 220

If on the basis of the execution document issued in the proceeding against the execution due to the suspension of the state the execution was carried out or the executing duct voluntarily fulfilled its obligation and after that restarted the state of the state concerned essentially no different from the earlier , the court shall, on a proposal izvrnog creditor, based on the same reverse a document, bring the ordination of execution ordering the return of things in the possession or the ordination of execution that They shall impose penalties for non-execution of the act which can only be executed by the executing officer.

The implemen- tation of the execution pursuant to paragraph 1 of this Article may be made by the executing debtor within 30 days from the date of the re-banning of the state and the most important within one year of repeated bother.

You have the right to compensation

Article 221

The provisions of this Chapter of the law does not interfere with the right izvrnog creditor to the lawsuit trai compensation damage that has been caused thereby to turn the boilers is Dunik acted contrary to the obligation established in izvrnoj document.

Head fourth

EXECUTION OF A DECISION ON THE OBLIGATORY RIGHTS – SUBSEQUENCE AND DETECTION OF DETETA

Mesna nadležnost

Article 222

In order to decide on a proposal for the execution of a court decision ordering the transfer of a child to a parent or other person, or organization to which the offender is kept for custody and upbringing, is a competent court that is responsible for the party requesting the execution As well as the court in whose area the child is.

In order to carry out the execution, the flesh is the competent court in whose area the child is at the time of execution.

Legitimation for submitting a proposal

Article 223

A proposal for execution may be submitted by a parent or other person to whom the deceased is guarded and upheld as well as the guardianship authority.

How to Perform Execution

Article 224

When conducting enforcement, the court takes special care of the need to protect the interests of the child in the greatest possible extent.

The Court shall, by ruling on the execution, leave to the executing officer a period of three days from the date of delivery of the order to hand over the child to the parent or other person or organization to which the child is custodian and educated under the pretense of imposing fines .

The fine is imposed and its of execution by carried out under the provisions of the Act on actions of execution by moe izvriti just turn the Dunik.

If the execution can not be carried out by imposing and executing a decision on fines, the execution will be carried out by seizing the child from the person in whom the child is in custody and by handing the child to the parent or other person or organization to whom the child is custodian and nursing .

The confinement and surrender of the child referred to in paragraph 4 of this Article may only be performed by a judge in cooperation with the psychologist of the guardianship authority, school, family counseling or other specialized family mediation agency.

Continuation of execution

Article 225

The court shall, at the suggestion of the party to which the offender is liable, continue to carry out the same execution order if the child is found again within 60 days of the date of delivery of the missing person.

Seizure of a child

Article 226

Notwithstanding the provisions of the previous article, in the case where it is determined that the Finno life, health yl and physical and mental development of the child, the court shall , without leaving any deadline for the imposition of execution and fines conduct of execution so that Will take away the child and hand it over to the parent or other person or organization to which the child is responsible for guarding and nursing.

The enforcement is carried out with the cooperation of the guardianship authority in the manner referred to in Article 224, paragraphs 4 and 5 of this Law.

The head of the fifth

EXECUTION OF RETURN OF EMPLOYMENT TO WORK

Mesna nadležnost

Article 227

In order to decide on a proposal for execution on the basis of an execution document by which the employer is obliged to return to work or to place it in an appropriate place of work, the competent court of the court in whose territory the employer’s head office is located .

Deadline for submitting a proposal for execution

Article 228

The proposal for execution referred to in Article 227 of this Law may be filed within 30 days of the date on which the executing debtor has obtained the right to submit the proposal .

How to Perform Execution

Article 229

Execution on the basis of an enforceable document by which the employer is obliged to return an employee to employment or to arrange it at the appropriate place of work shall be punished by imposing a fine on the employer and the responsible person.

A fine is imposed pursuant to the provisions of Article 45 of the bill, the procedure is repeated until Dunik not fulfill its obligations.

Compensation for lost earnings in case of return of an employee to work

Article 230

A successful creditor submitting a proposal to return to work may propose that the court make an order to determine that the payee is paid for the monthly earnings of the claimant from the validity of the judgment to returning to work and set of execution for the collection of established đe ing amount.

A compensation proposal may be merged with a proposal for execution or may be submitted subsequently to the completion of the execution procedure.

Reaction with which the proposal for remuneration is adopted has the effect of making an execution.

The Executive Officer – the employer may propose to the court to put the rejection referred to in paragraph 3 of this Article out of force if the circumstances on the basis of which it was adopted have been modified upon the adoption of the remedies.

The monthly earnings allowance is determined in the amount that the employees would realize was at work.

If the court partially adopts a request for payment of remuneration to the executing creditor, he may be able to make the remainder of the proceeds in civil litigation.

The head of the head

EXECUTION OF DECISION ON THE DEEP STVARI

Mesna nadležnost

Article 231

In order to decide on the proposal for execution and for the implementation of the decision on the deceased, the court is the competent court in whose area the co-owned thing is.

Physical debauchery

Article 232

The court will determine the physical dimension of the co-owned property if such a deed is provided for by the execution document.

Individual acts of physical deeds are undertaken, under the circumstances of the case, by a judge or , upon his or her appointment , by a judge or a law enforcement officer.

The court will invite the participants to attend the deployment.

In case of need, the court will determine the accommodation.

Deoba by selling

Article 233

If based on the reverse a document co-ownership item should be sold for the sake of its division, the sale will be conducted in the manner prescribed by this the law for execution on movable or immovable property, if the parties on certain issues society to which you do not agree.

Trojkovi postupka

Article 234

The costs of carrying out the execution under the terms of this chapter are borne by all co-owners, in proportion to the value of their parts in co-ownership.

A co-owner who has caused special expenses is obliged to compensate them for those co-owners who had those expenses.

Seventh head

APPLICATION IN PUBLIC BOOK

Mesna nadležnost

Article 235

To decide on a proposal for execution for the purpose of establishing the right to immovable property, by entering into the public register, the court is the competent court that keeps the public register in which the enrollment is to be executed, ie another court defined by the Republic Law in the territory of which the court or other body Who runs a public book.

For the implementation of execution which is the obligation of registration in a public register before the competent court , or other authority conducting the public record for this inaction.

How to Perform Execution

Article 236

On the basis of an enforceable document setting out the obligation to register in the public register, the court determines that an appropriate entry is made in the public register.

Enrollment is determined on the ordination of execution by carried out by slubenoj duty.

Entry of property rights when the executing officer was not registered as the owner

Article 237

When the executing officer is not registered as the owner of the immovable property, the entry of the property of the executing creditor on the immovable property can be executed if the executing debtor submits the evidence, in accordance with the execution proposal, in accordance with the registration regulations Immovable property rights, that he is the legal predecessor of the executing duchess of the person who is registered as the owner.

Enter another right when an executor is not registered as an owner

Article 238

When an executor is executed by an executor who is authorized to request the executing officer to register a pledge or any other immovable property right, except property rights, and the executing officer is not entered as a Owner of immovable property, the executing debtor may propose the execution proposal to require the right of ownership to be entered into the executor and then to enter the right of the executing creditor, if he or she presents the evidence, In accordance with the regulations on the registration of immovable property rights, that the executing tenant has acquired the property right on that immovable property.

Enrollment in other public books

Article 239

Provisions of this chapter shall, as appropriate, be applied to enrollment in other public books, unless otherwise provided by a special law.

Eighth head

CONCERNING THE STATEMENT OF WITNESS

Without a search

Article 240

If the executing duo by a decision which has the status of an enforcement document obliged to make a declaration of will, it is considered that the statement of contents as in the execution document gave the moment of the validity of that decision.

If the executing judge is obliged to give a statement of will by court or administrative level, it is considered that the statement of the contents as in the settlement is given on the day when his obligation to settle has come to an end.

Provisional search

Article 241

If the fulfillment of the search for a declaration of will depends on the fulfillment of an obligation of the executing creditor or other condition, the executing officer shall be deemed to have made a declaration of will when the executing debtor has fulfilled his obligation or when Another condition that is proved by a public document or a law by an overdue document.

Article 181

Regarding the execution of earnings, the provisions of this Act shall apply , unless otherwise provided in this Law .

Responses to Execution

Article 182

Reinstatement of earnings, a pledge on a certain part of the earnings is determined and is to be made to a government body, legal entity or other employer who pays the payee the executing dues, that the monetary amount for which he is determined It executes, pays or pays to the outstanding debtor.

For the purposes of this Law, all earnings of the employee are included in the earnings.

Increase earnings

Article 183

Reaching outcomes also applies to the increase in earnings that arises after delivery of execution reports.

When the right to endorse has several faces

Article 184

If execution is made in order to settle the right to legal maintenance, ie the right to a rent for the lost allowance, due to the death of the custodian, who has several faces towards the same executive duo, The total amount of their claims exceeds the part of the earnings that may be the subject of execution, execution is determined and implemented in favor of each such executing creditor in proportion to the amount of their claims.

If a new proposal for enforcement for claims referred to in paragraph 1 of this Article has been filed after the initiation of the execution of earnings or other permanent cash receipts, the court will have previously issued a ruling on the execution in the sense of paragraph 1 on website design. of this Article and determine the amount that will be paid out in the future to individual creditors.

In the case referred to in paragraph 2 of this Article, execution of the execution shall also be submitted to the previous executing debtor who may file a complaint against it.

Place payments

Article 185

Claims for which a non-cash payment is not prescribed shall be paid by the executing debtor directly to the cashier upon which the outstanding debtor pays the earnings.

The enforceable creditor has the right to demand that the suspended amount be paid over the item, at the address indicated, and at the expense of the expense.

Employer change

Article 186

When the executing officer ceases to be employed, the execution order shall also be executed against the other employer where the executing party subsequently established the employment relationship, from the day on which the employer was delivered to the employer Execution.

An employer with whom the executing official is no longer employed shall be obliged to submit an order for execution to the employer to whom the executing employee has established the employment relationship without delay, To inform the court.

An employer with whom the executing officer is no longer employed shall report without delay to the court if he / she is not known to whom the executing duel has established a new employment relationship and the court will notify the executing debtor thereof, leaving him The period within which the court in which the employer’s executing employee is based shall establish the employment relationship.

The court will invite the complainant to state where the employer is employed under a financial penalty clause under Article 45 of this law for failure to comply with the law, and the complaint on complaint or objection does not stop the execution.

Responsibility for missed suspension and payment of dinner meals

Article 187

The enforceable creditor may propose that the court in the execution of the proceedings be obliged to oblige the employer to cancel all the payments he has failed to suspend and pay according to the execution order.

The proposer referred to in paragraph 1 of this Article may execute the enforceable creditor until the completion of the execution procedure.

Resolving a proposal by an executing creditor has the effect of making an execution.

An employer who had not complied with the ordination of execution or failed to act in accordance with para. 2 and 3 of Article 186 of the deacon, responsible for the damage he turn the creditor therefore suffered.

Prohibition on the consent of the executing officer

Article 188

The prohibition placed on the earning officer’s earnings by his / her consent (administrative ban) has the legal effect of execution on earnings, if it is put before the execution of the execution order.

Exceptionally from the provision of paragraph 1 of this Article, an administrative ban shall have no effect on the performance of earnings in order to settle claims on the basis of legal aid, compensation for losses incurred due to health damage or impairment or loss of working ability and Due to the loss of survival due to the death of the suicide boss.

Social security benefits

Article 189

The provisions of this law relating to the performance of earnings are also applicable to the performance of social security benefits.

5. Execution on a Saving and Current Account

Attempts to make a claim on a conservative role

Article 190

Execution in order to earn a claim on a conservative role is done by finishing and paying.

The unique creditor who proposes of execution in order to collect on weekdays role Duan that indicate information about the role of the week, number and name of the bank or other financial organization with which turn the Dunik a savings deposit.

If the executing debtor does not need the information on the guardian’s role, the court will require that information from the organization in which the stake exists and the debtor is obliged to indicate in his proposal.

The organization is obliged to without delay to the court to seek the information and not to inform the executing officer that these data are being sought.

The plenum took place on the day of submission of the report on the wounded organization to which the saving stake was kept.

The court will send the confiscation order to the executing officer only when the organization in which his savings deposit is conducted informs the court that the ban has been enforced.

The settlement of the executing debtor will be executed according to the rules of settling from the cash demand of the debt collector.

Execution on funds on current account of executives

Article 191

The rules of execution on the salient role of the executing officer are also applied to the execution of the current account of the duo.

6. Exit on Stocks

6.1. Execution on securities of values on which to maintain a public register

Execution actions

Article 192

Exercise on the rights from a securities portfolio that are entered in the register in accordance with a special law shall be performed by apprehension, valuation, sale and settlement.

By issuing reprisals on execution on the securities portfolio, the pledging of the securities that is the subject of the execution is carried out.

The execution report shall be delivered to the executing creditor, the executing officer and the Central Securities Registry.

Torque seizure, Executive creditor acquires Zalon right to APL will its securities.

Central register of securities when it has received ordination of Seizure, or at the request of izvrnog creditor, promptly enter Zalon right on paper of value . From the moment of registration of third parties can not be conscientious in relation to the existence of publishers legs rights izvrnog creditor.

The starter of the moment of the seizure can not dispose of seized securities of value.

The evaluation and sale of securities of value and satisfaction izvrnog creditors screaming to the rules of this law, which makes it an even for execution on actions.

6.2. Exposure to other securities of value

Execution actions

Article 193

Exercise on other securities is carried out by maturing claims from securities and transfer securities.

Searching Plans

Article 194

The amount of claims based on a securities portfolio that is conveyed to the indemnity or whose performance otherwise requires such securities is carried out in such a way that the court executor seizes such a stock from the executing officer and handed it over to the court.

Legal actions required for the preservation or enforcement of the rights referred to in paragraph 1 of this Article shall be performed by the court bailiff at the conclusion of the court.

transfer

Article 195

The transfer of a claim based on a securities portfolio that is conveyed to the indemnity or for whose performance it is necessary to make it is filed shall be made when the court on that card issues a statement of transfer and securities provided to that executing debtor by that declaration.

A claim based on a securities portfolio that is conveyed to a venturer or for whose performance it is necessary to bear such securities or which for other reasons can not be disclosed in respect of transfer or performance may be transferred only to Its full amount.

If this amount exceeds the amount of the creditor’s claim, the forbidden claim will be transferred once the executing debtor implements the fine that he will hand it over to the court.

If more turn the boilers to the creditors filed a motion to transfer the edited Different days, the court shall transfer the claims to izvrnog creditor who first presented the proposal, and if it is more turn the boilers to the creditors filed a proposal for the same Days, the claim will be transferred to an executing debtor whose claim is the highest .

The rules of the law on the transfer for collection and transfer instead of payment apply to the transfer of claims from securities.

Seventh and boil the funds in the account izvrnog Dunik

Mesna nadležnost

Article 196

For the purpose of deciding on the proposal for execution and execution of the execution on money held in the account of the executing party, the court is the competent court in whose area the bank or other financial organization or court whose area is an organizational unit of a bank or other financial organizations at once the account is kept Dunik.

Scope of execution by legal entity and entrepreneur

Article 197

Of execution in order to achieve monetary claims according to the company may be carried out on all funds in their accounts with banks or other financial organizations, as well as in foreign currency amount as vima that they have on the foreign currency accounts with banks, in dinars counter.

Responses to Execution

Article 198

Recognizing the execution on the cash funds held in the account of the executing officer, found to banks and other financial organizations, that the amount of money for which the execution has been transferred is transferred from the account of the executable On the account of the executing creditor and for claims for which the cash payment is prescribed, to pay that amount to the executing creditor in cash.

Implementation of the execution

Article 199

Ordination of execution of the judgment delivered on RGANISATION enforced collection which immediately knew how to banks or other financial organizations in which water accounts izvrnog Dunik to suspend all payments from these accounts to the final payment claims.

The organization for enforced collection upply states and other banks or financial organizations that this reverse a Dunik not to open new accounts and at the same time knew how banks and other financial organizations to her immediately provide information on the funds in accounts executive Of the duchess.

Upon receipt of data from the previous paragraph, the organizations for compulsory collection with banks or other financial organizations transfer the funds to the account of the executing creditor or cash payment.

Redosled billing

Article 200

The organization for compulsory collection is obliged to act on the order of execution according to the time of receipt of the execution report, the day on which it received the execution report, unless a special regulation provides for priority execution of the order some turn the boilers to the creditors and to certain claims.

A bank or other financial organization is obliged to transfer the funds from the account of the executing officer to the same day on which he received the order of the forced payment organization.

Temporary donations

Article 201

If the execution of the execution of the executives does not result in the payment of occasional allowances due at certain time intervals (money rent due to bodily injury or loss of health, reduction or loss of work ability or loss of benefit etc . ), an organization for enforced collection will Downloading bank or other financial institution that, without rebooting requires executive pay these benefits after their maturity.

In the case referred to in paragraph 1 of this Article, the order of all future payments shall be counted towards the time of receipt of the execution order.

The compulsory billing organization and the bank or other financial institution keep a special record of reimbursement of the collection of future contingent payments.

If at the time of maturity of the benefits referred to in paragraph 1 of this Article, payment on accounts izvrnog Dunik with the provider payment system is not funds, shall be accordingly applied the provisions of Article 199, paragraph 1 of the Act.

Abolition with Execution

Article 202

At the request of an executing creditor who submits evidence that he has said before the court to waive the execution of the forfeiture charges, the bank will order the bank to cease its execution while the court does not rule on the suspension of the proceedings.

Execution towards the solidarity duo

Article 203

Against two or more executives who are jointly and severally liable for the enforcement order, covered by the same execution proposal , the court will issue a ruling on the execution.

If the accounts of solidary executives are conducted by various banks or other financial institutions, the court will forward the execution report to the forced collection organization , and that organization will issue payment orders and orders to provide data on the state of Account and transfer to all banks or other financial organizations that keep accounts of solidary debtors.

Transfer of funds from the foreign exchange account

Article 204

If the accounts Turn over them Dunik with banks or other financial institutions no financial resources, organization for enforced collection will Downloading banks where the water exchange accounts izvrnog Dunik to execute the transfer of funds from these accounts Converted into dinars, per exchange rate on the day of transfer, in favor of the account of the debtor.

The bank is obliged to execute the execution order of the compulsory collection company on the same day it received it, and if there are no funds in the foreign currency account, the bank will act upon the order when the foreign currency funds arrive unless it receives the obli gation from the compulsory billing organization That the need to transfer funds from the foreign exchange account has ceased.

Until he or she executes the order of the compulsory billing organization, or until it receives notice in the sense of paragraph 2 of this Article, the bank may not execute the orders of the debtors related to the funds available in its foreign currency account.

Article 136

When the conditions for suspension of execution have been obtained, the court may make a proposal by the executing debtor, who may put it within 30 days, to make a claim to the transfer of immovable property for remuneration .

Responding to the transfer of immovable property to an executing debtor may be contested by the executing officer.

Fee and duration

Article 137

The Court shall, by submitting a vacancy to the executing debtor, determine the term to which the immovable property is surrendered and the amount of monthly remuneration that may be incurred for the use of immovable property and upon the acquiree’s acquiescence.

The time on which the immovable property is handed over to the executing trustee by the court shall be determined having regard to the amount of money required by the executing debtor and the amount of the indemnity for which he has been established.

Fee for the use of immovable property is charged to the executing debtor as a repayment of the claim to the executing debtor.

Upon expiration of the term referred to in paragraph 2 of this Article, the executing debtor is obliged to transfer the immovable property to the executing officer.

Surrenders and restitution of immovable property shall be governed by the provisions of Art . 13 0- 13 2 . Of this law.

4. Settling executing debtors

When it comes to settlement

Article 138

The Court is approaching the validity of the ruling on the transfer of immovable property to the buyer .

Face to face and shyness

Article 139

The sale creditor is executed by the executing debtor whose proposal is for execution, the pledged creditors and when they have not filed their claims and the persons entitled to the personal allowance.

The remaining sales prices remaining after the settlement of the persons referred to in paragraph 1 of this Article shall be submitted to the executing official if there is no interference.

If the selling price is not sufficient for full settlement , multiple claims with the same order are used to adjust the amount of these claims.

First of all

Article 140

From the amount obtained by selling, we primarily use the following, in the following order:

1) the costs of the execution procedure,

2) Claims based on legal aid, if proved by an executable document and if they are most relevant on the sale date .

Order for other claims

Article 141

Upon settlement of the claim referred to in Article 140 of this Law , the following shall be settled:

1) tax and other taxes burdening immovable property in the last year;

2) claims on the basis of indemnity cover: damage incurred due to health or impairment or loss of work ability and for lost izdravanja due to death of serving a tion , claims on the basis of an employee an entrepreneur or other A physical person performing the activity and claiming social security contributions that have come to fruition , whether or not they are secured by pecuniary right on the immovable property sold ;

3) claims secured by pledge ;

4) demand of compensation for personal slubenosti and real burdens that sales go down, if they occur before the start izvrnog procedure ;

5) Requests by executives who have been designated for execution.

Very not creditors , are settled in the order of acquisition zalonog rights and creditors of charge for personal slubenosti and actual loads in the order of registration in a public register.

Costs and interest rates for the last three years until the issuance of the sale of immovable property to the buyer, specified by the execution document, are settled in the same order as the main claims.

Claims from Paragraph 1 . items. 1), 2), 3) and 5 ) of this Article shall be settled if they are most deferred to the Immovable Property Contest and if the execution document is enclosed as evidence.

The amount of personal service fees and the actual charges

Article 142

If the amount of compensation for personal slubenosti or real burdens , which are selling extinguished , no agreement between the holders of those rights and turn the boilers to the creditors that the order for settlement come after them, the amount of compensation determined by the court, while taking into Consider, in particular, the time for which the service , or the burden, already lasted, their value and the years of the life of the holders of those rights.

The buyer and holder of personal slubenosti or actual load can be agreed that the buyer takes over slubenost , or real burden, and that the amount of compensation determined under paragraph 1 of this Article be deducted from the purchase price.

Refuting the search

Article 143

Invert the creditor or other person who is settled from the sales price moe, if this is the impact on the settlement, another challenge the existence of the claims , except claims established ¹ particular reverse a document, its height and turn the Who has the right to settle.

Controversy can be made of the most important at the time of deception.

Making a lawsuit

Article 144

A court of law challenging a claim shall refer to a lawsuit that may not be longer than 15 days , if the decision depends on the contravention, unless its denial is proved by a verdict, a public Or by law, with a private document. If a person challenging a search for such disputes isproven by a verdict, a public or a private law file, the court will decide on the disputes in the enforcement proceedings.

If the person who disputes the claims made probable existence of reason and to contest, the court will make a conclusion on the case face which is disputed claims, and drafting the ordination of settlement of persons whose claims disputed Theres to completion litigation. Exceptionally, the court may make the giving of remedies for the settlement and settlement of that person subject to the provision of security.

The amount relating to the impugned claim will be settled in the court deposit.

If a person sentenced to a lawsuit within the time limit specified by him does not prove that the lawsuit has been initiated, it is considered that the claim is not disputed.

A judgment rendered in litigation on an impugned claim acts against the executing officer and all executing debtors.

The provision referred to in paragraph 4 of this Article does not deal with the rights of a person who has been sentenced to a lawsuit to bring a lawsuit against a person whose claim has been challenged, or against a person objected to by the claim, even after the completion of the proceedings.

At the suggestion of a person whose claim is disputed, the court may delay postponing the settlement and settlement of the claim to that person by providing security for the damage that the person might have suffered because of the delay in settlement. If a person who has challenged a search does not provide adequate security within the time limit set, it is considered that the claim is not disputed. A person whose claim has been denied is entitled to compensation for the loss suffered by him for unfounded dispute over the claim, if it was done solely for the sake of his or her disapproval in the execution and realization of his rights.

5. Specific rules for settling individual claims

Missing search

Article 145

Claims zalonog izvrnog creditor that has not matured to the days drafting the ordination of settlement, and for which no contractual interest, shall be paid after deduction of the amount corresponding to the legal interest , from the date of drafting the ordination of Settlement until the day of this search.

A default claim for which interest is contracted will be paid out together with the amount of contracted interest , calculated only until the settlement date of settlement.

Lack of casual retirement

Article 146

Claims occasional incomes from fees incurred damages due to new damages health or impairment or loss of work ability and for lost izdravanja due to death of izdravanja , which are secured by mortgage, and are due after the date of drafting the re Settlement, settled on the express request of the executing creditor.

Claims referred to in paragraphs ava 1 . Of this Article shall be calculated according to the manner in which the personal service charge or the actual charge is calculated.

Potential under the condition

Article 147

The amount of claims secured by law and depends on the conditions will be set off and settled in the court deposit and paid out when the outstanding condition arises or when it is certain that the termination clause will not be performed.

If Deferred condition does not occur or abrogation condition occurs, a separate amount is used for settlement turn the boilers to creditors whose claims are not fully or not uopte settled, and if such turn the boilers to the creditors no, or the entire amount Is not exhausted by their settlement, this amount or the rest , will be handed over to the exquisite duchess.

Prevention of the lawsuit and the initiation of a dispute

Article 148

If the public j book inscribed predbeleba zalonog rights, a person in whose favor predbeleba entered the dock that is being taken in its justification, that it is not the time limit for initiating this process, demand The designation to which the designation refers relates to the way in which the search is made under a precondition.

Claims will for that is in the public record of the execution registration of starting the conflict to delete zalonog rights or zabeleba start slow and needs are met in a way that is settled claims under the termination condition.

6. Rociques for decomposition, settlement and cancellation of rights and freedoms

Roci te for deobu

Article 149

After pravosnanosti ordination to surrender the real estate buyer , the court sets a hearing on the division of the amount obtained by selling.

At a hearing on it , in addition to the parties , refer the persons to the state of the file has and according to data from the public book are those of the right to be reimbursed from the amount of the sale . The invitation will be the faces warn that the claims izvrnog creditor who fails to appear at a hearing to take to the condition that stems from the public books and records, and that , at the latest at the hearing on the division , can gu second To dispute the existence of the search, its height and the order in which it is entitled to settle.

At a hearing to discuss the settlement turn the boilers to the creditors and other persons that set the requirements for settlement.

Responding to settlement

Article 150

A settlement turn the boilers to the creditors and other persons who are those of the right to a settlement , the court decides after ordination odranog a hearing, taking into account the situation that arises in the file public records, as well as the state established on Rocio here.

When making the reprimand referred to in paragraph 1 of this Article, only those claims for which the execution order became legally, most important at the date of the deed.

If there are claims that the execution order is not legally valid, on the day of the deployment, these claims will be settled on the merits of the execution of the execution in the remaining amount of the sale If there is a price, and the remainder will return to the executive duo.

The complaint may be filed against the settlement.

Deleting rights and freedoms

Article 151

By virtue of the validity of the remedies , the court will determine by decree that in the public register the rights and charges are entered in the public register, other than those who remain on the immovable property and after handing over the buyer to the immovable property or taken over by the buyer.

7. Special rules for the execution of immovable property not listed in the book

Execution of immovable property in areas where there is no public book

Article 152

In the area for which a cadastre of immovable property is not in place or land registers have been established , ie there is no statutory register of immovable property rights , the legal rules applicable to documents submitted with a proposal for execution of the evidence About the right of ownership of the immovable property that is the subject of execution and the legal rules on another way of registering immovable property.

If it is not possible to obtain evidence of ownership of property in accordance with legal rules in that area, rather than evidence of ownership , the executing debtor is obliged to indicate in the proposal for execution the place where the immovable property is located, its name , The boundaries and the surface.

In the case referred to in paragraph 2 of this Article, the court shall execute the inventory of immovable property for which the execution is proposed and at the date of the summons to the list of executives, executives and persons whose immovable property is bound This immovable property.

The record on the list has the significance of enrollment and is published on the notice board of the court.

Immovable property not listed in the book

Article 153

If in the area where they set up e public e books , inaction is not registered, Executive creditor with a proposal for of execution must submit documents based on which the moe izvriti enrollment.

Upon receipt of the request for the documents of execution on the basis of which moe izvriti entry , the court shall, without delay, the documents submitted to the court, authority or organization that keeps the register for entry, and suspend the procedure until the registration process is not around n Chan .

If the executing executive in the execution proposal as a subject of execution suggests a building or part of a building not listed in the public register , with a declaration that the enrollment can not be executed in the sense of paragraph 1 . And 2 . Of this Article, the court will allow the execution of immovable property in the executive property of the executing officer if the executing debtor furnishes or designates, as evidence of his property, a building permit permitting execution Dunik legs or, if g r ađevinska license not in the name izvrnog Dunik, documents on legal matters related stica him in ownership izvrnog Dunik.

At the proposal of the executing trustee, the court will oblige the executing officer or third party to submit the documents referred to in paragraph 3 . Of this Article, subject to a fine from Article 45 of this Law.

At the proposal of the executing magistrate, the court will oblige the competent authority to submit the documents referred to in paragraph 3 . Of this member.

When the court allow execution on real property that he can not enter into a public register , in accordance with paragraphs Ava 3 . Of this Article , in the conditions of public sale it will be specifically indicated that it is a property of a venerable nature, and instead of the notes, a list will be performed in the manner provided for in Article 152 , 3 . And 4 . Of this law.

Head third

Execution on claims IZVRNOG Dunik

1. Basic Rules

Mesna nadležnost

Article 154

In order to decide on the proposal for execution on the monetary demand of the executing officer and for the execution of such execution, if the authority can not be established by applying Article 3 paragraph 2 . Of this Law, the competent court of the court in whose territory is the place of stay of the executing officer, and if the executing officer has no residence in the Republic of Serbia, the defendant is the court in whose area He is the domicile of a du’yan duo, and if he does not reside in the Republic of Serbia , the court in whose territory he is a relative of the du’yan’s du’a is competent.

To decide on proposal for execution on potraàimportant it izvrnog Dunik to transfer the property and for the implementation of execution of that meat is the competent court where things n and lying.

The provisions of paragraph 1 of this Article relating to residence and residence shall, as applicable, be applied to the headquarters of the legal person.

Exclusion from execution

Article 1 55 .

Excluded from execution:

1) Receipt based on legal aid, compensation for damage caused by health damage or impairment or loss of working ability and loss of survival due to death of the donor;

2) receiving compensation based on the physical injury in accordance with the regulations on disability insurance;

3) receiving social assistance;

4) receiving temporary unemployment;

5) receipt based on child addiction ;

6) receive on the basis of scholarship and assistance to students;

7) receiving soldiers and soldiers of military schools;

8) Fee for work convicted in the Criminal Sanitary Institute , except for claims based on legal aid, as well as for claiming damages caused by the criminal offense of the convicted person ;

9) other claims whose transfer is prohibited by law.

Limitation of Execution

Article 156

Execution of earnings and retirement as well as earnings compensation may be made to the amount of two thirds of earnings, pensions or earnings compensation.

If execution is carried out at minimum earnings, execution may only be up to one-half of the execution .

The provisions of paragraph 1 of this Article shall also apply to the salary of officers, subfactors, military officers, as well as to the reception of persons in the spare part during military service.

Enforcement of war and non-combatant military disabilities based on disability, orthopedic supplement and disability allowance can only be carried out for claims based on legal aid, compensation for loss of health or impairment or loss Work ability and loss of survival due to death of the provider, up to the amount of one-half of that income.

The remuneration received on the basis of remuneration in the form of a cash allowance, which is to be paid on the basis of the rules of the law on obligations, the contract of life support, as well as on the basis of the contract on life insurance, may be executed Only to a share exceeding the amount of the maximum permanent social assistance payable in the area where the executing party has resided.

Limitation of execution in search of the surrender of things

Article 157

If the pursuit of an outstanding duo is at the surrender of a thing, execution is possible in the extent to which it might be accomplished that the matter is in the hands of the executing duo and that enforcement rules are applied for settlement Money search on moving things.

Execution actions

Article 158

Execution on search is carried out by searching for a loan and transferring the claim for billing or transfer rather than payment, unless otherwise provided by this law.

An execution proposition may be required to determine only the plenipotentiation of the claim, but in that case, the executing debtor is obliged that within 30 days from the day when the report was sent to him, Or from the day on which he has been served with the notice of the debtor of the executing officer, submit a proposal for settling or transferring the claim.

If the executing debtor does not submit such a proposal within the deadline, execution will be suspended.

2. Plenum of Potential

Prohibition of Filling and Disposal

Article 159

By refusing to execute a court search, the court forbids the duo of the executing party to seek remedies to the defendant, and to the executing court to demand the payment or to dispose of it To the benefit of third parties or their companions (plenipotentiation).

Money fine

Article 160

For non-violation of the prohibition referred to in Article 159 of this Law, the court shall impose fines referred to in Article 45 of this Law.

Zalojno pravo

Article 161

The enforceable creditor acquires the right to claim by submitting a statement about the seizure of a claim to the executor.

The right to claim is also related to the interest earned by the collateral.

Secondary rights

Article 162

If a seized loan is secured by a pledge or a mortgage, the executing trustee obtains the position of a subordinate or a super-pecuniary executive creditor.

A pledge or acquisition of a claim claim that is secured by a mortgage or mortgage is entered in the appropriate register, in which the pledge or mortgage is entered.

The executing officer will hand over the manual pledge to the outstanding debtor if the pledgee agrees with it.

In the case referred to in paragraph 3 of this Article, if the executing duo refuses to submit the pledge to the executing debtor, the transfer of the state shall be effected in the manner in which the obligation to hand over movable things is performed in accordance with this law .

Guarantor seized claims remains the guarantor sequestrated demand -making provided Mr. pledged.

The debtors ‘debtors’ debt

Article 163

A loyal creditor in whose favor the pursuit of seeking is long to do all the legal and factual actions necessary to safeguard claims and subsidiary rights.

For the sake of performing these actions, the executing debtor is responsible to the debtor.

Plenum in favor of several executives

Article 164

If more turn the boilers to the creditors asks for execution on the same dunikovom claims, the order of priority Alone rights shall be determined by the date of receipt of the request for the court of execution.

If several proposals arrive at the court on the same day, the pledged rights have the same rank of championships , and the trustees, if they are unable to settle for the whole, make a fair amount.

Establishing the duel of the outstanding duo

Article 165

The court shall, at the proposal of the executing trustee, request from the duel of the executing officer that within the time period specified by the court , declare whether the amount of confiscation is acknowledged and whether he is willing to As well as whether it is his obligation to remit this search subject to fulfillment of any other obligation.

The proposer of the debtor of the executing officer may conclude a proposal by the executing debtor or submit it with a special submission after that proposition, and most importantly until the commencement of settlement.

The settlement of the debtor of the executing officer shall be delivered to the executing debtor without delay.

3. Transfer and Settlement from Long-Term Claims

3.1. Op ta rules

Resolve transmission

Article 166

At the proposal of the executing trustee, the court will issue a ruling on the transfer of the claim to the executing debtor.

If, at the suggestion of the executing debtor, a preliminary report was made on the confiscation order, the claim for transfer of claim may only be made once the confiscation order has become legally valid.

If the executing debtor has proposed that the debtor of the executing party be required to state the claim on which the execution is proposed, the court will issue a ruling on the transfer proposal three days after the expiration of On the day when the execution creditor was served with the statement on the appearance of the duel of the executing officer.

Special conditions for transfer of claims partially exempt from execution and confiscation of claims

Article 167

A claim partially exempted from execution or already confiscated for the benefit of other persons is transferred after the executing debtor implements the judgment to deliver a court that is exempt from execution.

Special Conditions for Deliverable Potential

Article 168

The transfer of money claims may be determined and carried out only in the amount required to settle the debtor’s claim.

If several executing executives simultaneously seek enforcement on the same indemnity demand, the transfer is determined in appropriate amounts, in particular for the benefit of each executing creditor.

Implementation of the transfer

Article 169

Transfer claims carried out the when and the ordination m ordering the transfer of deliveries and Dunik izvrnog Dunik.

Obligations of an executive officer and an outstanding creditor

Article 170

The acquirer is obliged that, within the time limit set by the court, at the request of the executing debtor to whom the claim has been transferred, the explanations required by the executing debtor in order to obtain such claim and To hand over the documents related to that search.

The enforceable creditor to whom the claim is transferred is long-lasting if the executing officer so requests that, within the time-limit set by the court, he decides to return the documents pertaining to the claim claims.

At the suggestion of the executing creditor, the court will execute the execution against the executing officer for the surrender of documents if he does not surrender them.

Surrenders of documents held by a third party may be demanded by an executing debtor if this right was exercised by a superior.

On a document handed over to the executing debtor, the court will note that the transfer of claims for which execution was made was carried out.

Claiming court proceedings

Article 171

If, in respect of the transferred claim, in addition to the superior creditor, the other person stands out as a right, the length of the executing party may benefit all those persons from the court to the full amount of the claim or only to reach the court amount.

The enforceable creditor to whom the claim has been submitted in respect of which another person stands out, may be able to summon the court of the executing court through the court to pay the amount of the transferred claim to that court.

Transmission Type

Article 172

A handy search is transferred to an executable creditor, according to his suggestion, for billing or rather than payment.

3.2. Transfer of claims for collection

Authorization of the executing debtor

Article 173

By transferring the claim for the billing, the executing debtor is authorized to request from the payee of the executing party the payment of the amount indicated in the transfer order, if that amount has been exceeded, to perform all The actions that are necessary for the preservation and realization of the transferred claim and to use the rights related to the pledge given to secure that claim as well as to address the soul of the executing officer in a manner that corresponds to the kind of justification .

By transferring the search for the billing, the executing debtor is not authorized to conclude settlement with the debtor of the executor, to forgive him or to relinquish his debts or to relinquish it in another way , The contractor of the executing party concludes that the decision on the merits of the claim, if it is disputable, is made by an arbitral tribunal .

To the creditor who has been charged for the billing , the debtor of the executing officer may file objections to the claimant as well as the objections he has against the executing debtor.

Submission of the transferred claim performed by the duo of the executing officer, after the transfer has no legal effect on the rights that the executing debtor has acquired by transfer.

Transfers for billing claimed in a public library

Article 174

Transfers for the collection of subscriptions entered in the public register will be entered in the official duty.

Determining the obligation of the duel of the executing duo by giving of things

Article 175

If the obligation of the duel of the executing officer to pay the claim depends on the obligation of the executing officer to hand him over to a certain thing in the state of the executing officer, and that obligation is established The court shall, upon the proposal of the executing debtor to whom the claim for payment has been transferred, decide that the executing duo shall hand over the matter to the court for the purpose of surrender to the duo of the executing officer.

At the proposal of the executing creditor, the court will execute the execution for the purpose of handing over to the executing duo who did not hand over the matter within a certain timeframe.

Obtaining an executable claimant for charging the transferred claim

Article 176

A credible creditor who has filed a claim for the payment of the transferred claim is obliged to inform the executing officer of the initiated lawyer without delay, otherwise he or she shall be liable to the executing officer for the damage his team Missed.

Default payment for the transferred search

Article 177

Invert the creditor who is not old to be the collection and the transferred claims, liable for damage that has thus suffered another reverse a creditor whose claims claims izvrnog Dunik prohibited or liable for It’s a great duo.

In such a case, the court may, at the suggestion of the other executable administrator, terminate the order of transfer of the claim to the negligent executable and transfer the claim to another executable creditor.

Settling an outstanding creditor

Article 178

The ultimate creditor to whom the claim has been transferred for payment is settled in the amount at which the claim was charged.

Charging the amount through a creditor search

Article 179

A credible creditor who has paid more than his claim from the transferred claim, it is desirable for the latter to sue the court.

The court will hand it over to other loser bankers and an executives if they are entitled to it.

For a creditor who has surrendered the amount of the sum paid, the court will return the surrender.

Transfer rather than payment

Article 180

Amortization exceeds the transfer fee instead of the payment to the executing debtor up to the transferred amount, with the assignment of the claim for consideration.

If a claim is filed by a lawsuit entered in the public register, the court shall, upon official duty, convey the rights of the executing officer to the executing debtor and delete the default right entered in favor of execution Of the duchess.

The ultimate creditor to whom the claim has been transferred instead of the payment is deemed to be settled by the transfer itself, in the amount of that claim.

The provision of paragraph 3 of this Article does not deal with the rules on the liability of the executing officer for the truthfulness and completeness of the transferred claim.

Article 98

In order to decide on a motion for execution of immovable property and for the execution of this execution, the court is the competent court on whose territory the real estate is located.

Execution actions

Article 99

The execution of immovable property is carried out by recording the execution of the public records, establishing the value of immovable property, see casino en ligne france
for more, selling the immovable property and settling the executives from the amount obtained by selling them.

Evidence of the property of the executives

Article 100

In addition to a motion for execution of immovable property, the executing debtor must submit an extract from the public register as proof that the immovable property has been registered as the property of the executives.

If the right of immovability referred to in paragraph 1 of this Article is entered in the public register on the other person and not on the executing officer, the executing debtor is obliged to submit a document that is eligible to enter the property right authority.

In the case referred to in paragraph 2 of this Article, the enrollment shall be executed by official court of the court to which the proposal for execution has been submitted, or according to its request, the body that keeps the public book for this immovable property.

Immobility in the succession of an accomplished duchess

Article 101

The court will determine the execution on n e p o accessibility of on which turn the Dunik co-owner, if there is consent of the other co-owners.

With the consent of all the co-owners, the court will determine the execution by selling the whole co-ownership of the immovable property to a third party or co-owner.

From the sale price, other co-owners will settle before the settlement of the executing debtor and before the expense of the execution procedure.

This does not touch the right of buying co-owners.

Enrollment Report (Execution Report)

Article 102

In a public book, a statement of execution or other appropriate enrollment prescribed by the regulations on registration of immovable property rights in public books will be executed .

By committing the executing premium , the licensee is entitled to claim his claim from the immovable property and in case the third person subsequently acquires the property right on the same real estate.

A loyal creditor who proposed execution and did not acquire prior right acquired by acquiring the right to execute the right to settle immovable property from the real estate acquired later on that immovable right Or right to settlement, visit casino en ligne france to win
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Accessing the Execution

Article 103

After the execution of execution orders, no special settlement procedure may be carried out on the same immovable property for settlement of the second claim by the same or other executing creditor.

A credible creditor whose claim was later determined to be executed on the same immovable property is pending in an executed proceeding.

Run reverse a procedure may be accessed by pravosnanosti ordination of Awarding real estate purchaser in the event of a sale through direct negotiations or by pravosnanosti ordination of handing over real estate in the event of a sale by public auction.

The court shall notify the executing debtor of the process of access to the proceeding, for the benefit of which it has previously been executed.

Execution on other immovable property

Article 104

Court may izvrnog Dunik the proposal is determined to carry out the second of execution of real estate, and not in that of which turn the requester of execution or He proposed to other means of execution, if there Significant disparity between the value of the immovable property and the amount of the claim, and the other immovable property or means of execution are sufficient to make the claim .

The proposal from paragraph 1 of this Article may be postponed by the executing officer at the latest within 15 days from the date of the registration of the execution in the public register.

If another means of execution is specified, the registration of the execution of immovable property shall remain in force until the debtor has been ordered.

Settling a losing creditor

Article 105

In the process of execution on immovable property is also settled a failed executing debtor who did not propose execution.

The termination of the pledge rights

Article 106

The pledged right to immovable property is abolished on the day of the validity of the repossession of the immovable property and if the pledged debtors are not fully remedied.

A buyer of immovable property and a defaulting creditor may agree that the plagiarized right remains in immovable property after the legality of the repossession of immovable property, and that the buyer takes over the debtor’s debt by default To the creditor, in the amount that would come to him in the execution procedure. In this case, the purchase price is reduced for the amount of debt taken.

Happiness and real burdens

Article 107

Real office on immovable property does not go away with the sale of immovable property.

Sale of real estate , do not go out no personal slubenosti not actual charges that are in the public register enrolled prior rights Alone turn the boilers to the creditors and right to turn the settlement to creditors on whose proposal certain of execution. Personal service may also be extinguished at the request of the executing creditor, with the appropriate remuneration.

Other personal service and actual burdens are sold by selling immovable property.

Lease of immovable property

Article 108

The sale of a business building or business premises does not terminate the lease of that building or business premises if, prior to the issuance of the execution order, the immovable property is transferred to the leaseholder.

The buyer enters into the rights and obligations of the lessor.

Lease of apartments for an indefinite period under the Housing Act

Article 109

The lease of an apartment for an indefinite period of pre-acquisition of a pledge or the right for which the execution is to be performed shall not cease to sell immovable property. The buyer picks up the leaseholder from the moment of acquisition of immovable property.

Real estate sighting

Article 110

The court will give the person concerned with the purchase of immovable property a permit to view real estate at an appropriate time.

Exclusion from the execution of certain omissions

Article 111

It can not be the subject of agricultural landowner farming and up to 10 acres.

Provisions referred to in paragraph 1 of this Article shall not apply to execution for the purpose of obtaining cash claims secured by contractual immovable property rights (mortgages).

Valuation method

Article 112

The Court will approach the determination of immovable property by virtue of the validity of the execution judgment, and at the request of the executing debtor upon issuance of execution orders.

The value of real estate is defined as the market and not the price at the date of assessment , and based on the findings and saponification vetaka, other facts or other suitable means.

Decrease and change of estimated value

Article 113

When determining the value of immovable property , consideration will be given to how much less immovable property is due to the fact that immovable property remains certain rights and after sale.

The court shall , on application by a party, which must be submitted no later than eight days before a hearing on the sale, at a hearing on the sale conclusion again finds you the value of real estate, if the party makes it credible that this value has changed significantly from the days prior determination of value to Days of sale.

Responding to valuation

Article 114

The value of immovable property is determined by the court ruling.

The complaint may be filed against the statement referred to in paragraph 1 of this Article.

Suspension of execution due to lack of cover

Article 115

Any person who has the right to settle out of the selling price of immovable property, if a priority comes in front of an executing supervisor who proposed execution, may suggest that the execution be suspended if the fixed value of the immovable property does not cover The amount of his claim.

The proposal to suspend execution may be filed within eight days from the date of delivery of the sale conclusion.

2. Sale of immovable property

Conclusion on sales

Article 116

By virtue of the validity of the ruling on the execution and resolution of the determination of immovable property, the court makes the conclusion on the sale of immovable property which determines the manner and conditions of sale as well as the time and place of sale, the time period during which Enable you to see real estate if sales are made through public bidding.

The sale conclusion is published on the court’s notice board and in another customary manner.

The party was able to publish a conclusion on the sale of public information, or to inform the conclusion of the persons involved in the sale of immovable property.

Since publishing the conclusion on sale on the notice board of the court up to the day of sale must be at least 30 days.

The conclusion of the sale shall be communicated to the parties, the pledged creditors, the parties to the proceedings and those who have the legal right to purchase and to the competent tax authority.

The right is over purchasing

Article 117

A person who has the legal right to purchase a real estate that is the subject of a sale shall have the prize before the best bidder if, immediately upon the conclusion of the bid, declares that the real estate is bought under the same conditions.

A person who has contractual rights over purchases shall realize it under the conditions referred to in paragraph 1 of this Article, if there was no legal right, or the holder of that right did not use it.

The right overwhelming is the purchase of an executing creditor

Article 118

If there was no legal or contractual right of ownership on the immovable property, ie if the owners did not use this right, the right of the buyer to purchase is the executing debtor.

A loyal creditor acquires the right to purchase immovable property by notifying the execution of immovable property.

If the persons who have acquired the right to purchase the immovable property before the superior debtor’s statement to the court hearing that they will not use that right, the executing debtor has the advantage to the best bidder if immediately after the conclusion of the sale declares that immovable property is purchased under the same conditions.

Dealing with the right holder over purchases

Article 119

If the real estate sold through direct agreement, the court shall invite the holder of the statutory preemptive rights , the holder of the contractual preemptive rights which is registered in the public books and izvrnog creditor to be in the record to the court to declare that the right wants to use.

The way of selling

Article 120

The sale of immovable property is done through oral public tendering.

The rociotte for the sale of immovable property is held in a court building, unless otherwise determined by the court.

The sale order is held before the individual judge.

Parties and pledged creditors may agree at all times that the sale of immovable property is carried out within a specified period by direct agreement.

The contract of sale by direct agreement is concluded in writing and this contract produces effect from the date of validity of the payment order.

Terms of sale

Article 121

Sales Conditions, in addition to other data, include:

1) BLII real estate and belonging t Cima ;

2) an identification of the rights of third parties that did not stop the sale ;

3) indication slubenosti and encumbrances that the buyer takes over ;

4) an estimate of the value of immovable property determined by the reorganization of the court ;

5) The deadline in which the buyer is obliged to settle the price, which can not be longer than 30 days from the date of sale ;

6) the way of selling, the amount of proceeds, the deadline in which the justification must be given, by whom and how it must be given.

At the proposal of the executing debtor or executives, the date, place and conditions of the sale shall be announced in the means of public information, on the cost of the proposer.

Laying up an asset

Article 122

Only people who previously had the opportunity to participate in public bidding can participate.

The inheritance amounts to one tenth of the established value of immovable property.

P olaganja guarantees are exempt turn the creditor on whose proposal for certain of execution and Alon turn the creditor, if their claims Dostie amount of guarantees and if it is, given the current h s order of priority and The value of the immovable property determined, this amount could be settled from the purchase price.

In the case of direct sale, the purchaser shall have one half of the contract signed with the contract immediately before the conclusion of the contract.

Bidders whose bids are not accepted will be reimbursed immediately upon conclusion of the public bidding.

One bidder

Article 123

Real estate sales rosters will be held when only one bidder is present.

Real estate mortgages will not be settled if the executing debtor is the sole bidder.

The Court may, at the suggestion of the parties or the defaulting creditor, determine, according to the circumstances of the case, that the time for the sale is delayed if only one bidder is present.

Who can not be a buyer

Article 124

The buyer he can not be , not on the basis of competition , not you on the basis of direct negotiations , turn the Dunik, judge or court izvritelj, as well as persons who participated in the assessment.

Selling price

Article 125

At the first hearing on the sale Nep on accessibility of he can not sell below the estimated value.

If the immovable property could not be sold at the first hearing, the court will schedule a second term on which immovable property may be sold below the estimated value but not below two thirds of that value. From the first to second birthday, it must last for at least 30 days.

Parties and pledged executives may agree , by means of a statement given in the record at the court before which the proceeding is conducted, that the immovable property may be sold by tender and at a lower price than the determined value, ie less than Two thirds of that value.

The provisions of paragraphs 2 and 3 of this Article shall likewise be applied in the case that immovable property could not be sold by direct agreement for the determined value, nor at any later date for sale.

Rociques for Sale and Real Estate Assignment

Article 126

At the hearing session, the court announces that access to bidding has been found to have satisfied the conditions for holding the competition.

Bidding begins with the publication of the starting price. If at least one participant accepts the published price, the following is the most recent one, most notably for five percent of the previous one. This procedure is repeated until the last bid price remains unacceptable.

Bidding is concluded after the expiration of ten minutes immediately after placing the most favorable bid .

Upon conclusion of the competition , the court determines which bidder has offered the highest price and announces that the bidder will be granted the immovable property.

About Awarding of immovable property sold by public auction the court makes a special solution that is published on the notice board of the Court and delivered to all parties which is delivered to the conclusion of BC on Daji, as well as all participants in the competition.

Rebirth on reward can not be contested by a special repository, but the reasons for making such reprimand can be found in the repository for the surrender of immovable property.

A record is kept of the sales roti.

Delivery in case of sale by direct agreement

Article 127

The court will make the ruling on the grant of immovable property sold by direct agreement, after finding that the conditions for the fullness of the sale are fulfilled.

The Rebound for Reimbursement shall be published on the notice board of the court and shall be served on all persons who are subject to the conclusion of the sale as well as the buyer.

Laying the price

Article 128

The buyer is obliged to settle the price within a specified sale conclusion.

If a buyer is an executor who has failed to meet the amount of the bid obtained in a public bid and if , given his ranking of prizes , he could bid from the price , it is desirable, The difference between earning and achievement.

If the highest bidder does not sell the selling price within the foreseeable time, the court will declare the sale to that bidder without legal effect and re-issue the sale of the immovable property to the other bidder. If neither the bidder fails to set the price offered within a specified time, the court applies these rules to the third bidders.

In the event that all three bidders with the highest bid do not stand the bid or selling price within the deadline, the court will, by selling the sale, announce the defect and determine a new one, which will be held no later than 45 days from The date of the validity of the repository by which the sale was declared unenforceable.

From the default of these bidders, the costs of the new sale will be adjusted and the possible difference between the prices achieved on the previous and the new sale will be compensated.

Surrender of immovable property to the buyer

Article 129

After laying the prices in case of sale of real estate public auction , or through the imposition of price and pravosnanosti ordination on adjudicate in the case of sale by direct settlement, the court will issue an ordination to the immovable property to the buyer and that , after this re pravosnanosti trial , in a public register Upie his favor the right of ownership.

Resolutions on the transfer of immovable property shall be communicated to all persons to whom the supply is made and a conclusion on the sale.

Against ordination to surrender the real estate allowed a special appeal.

Loss of immovable property rights

Article 130

By handing over the immovable property, the executing party loses the right of immovable property and is obliged to transfer the immovable property to the buyer immediately after delivery of the surrender of ownership if the law or agreement with the buyer is not otherwise defined.

The eviction of an excellent duo

Article 131

After making a ruling on the transfer of immovable property, the court shall, at the request of the buyer , order the executing officer to conclude that the immovable property is vacant and handed over to the rescuer.

Of execution referred to in paragraph 1 of this Article implements it according to the rules of the law of execution of works is washed tion and transfers an immovable property.

The buyer acquires the position of the creditor izvrnog podnoenjem pre d logo for the sake of execution ispranjenja and handover of real estate.

Moving away from other faces

Article 132

Perdrafting the ordination and the handover of real estate , the court shall , on a proposal of the buyer conclusion Downloading ispranjenje and surrender of immovable property to other persons who are in real estate there.

The Court will approach the implementation of execution of this conclusion immediately after its m drafting the. Of execution is carried out according to the rules of the law of execution of works ispranjenj and and transfers an immovable property.

Protects Customer Rights

Article 133

The revocation or modification of the execution order after the legality of the repossession of the transfer of immovable property to the buyer has no effect on his right acquired in respect of the transfer of immovable property.

Arrangement by granting immovable property to the executing debtor

Article 134

If the immovable property could not be sold at a second bidding deadline or by an immediate agreement within the time limit set by the court, the court will remit the immovable property to the executing debtor on the expulsion of the executing trustee.

In the case referred to in paragraph 1 . Of this Article, it is considered that the executing debtor is settled at an amount corresponding to two thirds of the estimated real estate value.

Suspension of Execution

Article 135

If the immovable property could not be sold at another term, and the enforced creditor did not exercise the right under Article 118 of this law, the court shall determine the next term only upon the proposal of the executing debtor.

The proposal for the appointment of a new breed for sale shall not be submitted by the executing creditor before the expiration of a period of three months from the date of the previous term, not after the expiration of one year from that date.

The court shall suspend execution if the executing debtor does not make a proposal within the time limit set out in paragraph 2 of this Article.

If the real estate could not be sold through direct negotiations within a specific agreement between the parties and Alon turn the boilers to creditors and turn the creditor not submitted a public sale within the period referred to in paragraph 2 of this Article, the court shall suspend of execution.

Article 69

To decide on a motion for execution on movable property and for the execution of this execution, the court is the competent court in whose area these things are located.

If the proposal is not indicated a place where things are, to decide on this proposal meat is competent court in whose territory is prebivalite or stay , or sit izvrnog Dunik.

Exclusion from execution

Article 70

Can not be the subject of execution:

1) clothes, footwear, lingerie and other personal items, linen items, kitchen utensils, part of the appliance which is necessary for the executive duo and its household members, as well as a cooker and a refrigerator;

2) food and fuel for the needs izvrnog Dunik and members and his household for three months;

3) cash izvrnog Dunik who has permanent monthly incomes up to the monthly amount that is legally exempt from of execution, in proportion to time, until the next earnings;

4) medals, medals, war memorials and other signs of decorations and awards, personal letters, manuscripts and other personal writings izvrnog Dunik and family pictures;

5) aids that are invalids or other persons with teleworking deficiencies indispensable for performing his or her life functions;

6) Potanski shipments or Potanski money order sent to reverse a Dunik , before it was handed to him.

Execution actions

Article 71

Execution on movable things is done by listing and estimating things, selling things, and settling the executable from the amount obtained by selling.

Proposals for of execution may be required to be carried out in only a list and evaluation, but in this case, turn the creditor Duan that within three months from the date of the execution will foot the list, or evaluation, submit a proposal To sell things .

If the executing debtor does not submit a sales proposal within that time, the execution will be suspended.

2. List and Evaluate Movable Items

Listing

Article 72

The court bailiff shall , immediately before entering the list, hand over to the executing officer a ruling on the execution and invite him to pay the amount for which execution was made , together with the interest and charges.

If you reverse a Dunik ordination of of execution could not be handed over to the census, shall submit his application has been optim rules on deliveries formance .

On the time and place of the list, the executing debtor will be notified if he has sought it.

The absence of a party shall not prevent it from accessing the list.

The party who did not attend the list will be notified of the completed list.

Subject list

Article 73

It lists the things that are in the state of the executing officer, as well as the things that are in the state of the executing debtor.

If a third party does not notify the court of its rights to a movable property in the position of an executor who is the subject of execution or to prove their rights to them, it is considered that such rights as third parties do not exist and that execution He is the owner of the things that are in his possession.

The things of an executive duo in the state of a third person are listed only with the consent of that person.

If a third party does not agree to the list, the court shall, by the conclusion of the executing debtor, and upon his / her proposal, transfer the right of the executing party to surrender the proceeds in order to enforce the payment transfer rules.

For the purposes of the census, spouses or extramarital partners are considered to be co-owners of equal parts of all movable property found in their home, apartment, business premises or other immovable property.

Volume list

Article 74

It will list as many things as necessary to settle an outstanding debtor’s demand and execution costs.

It lists things that are not subject to enforcement claims that would prevent execution and the things that can be most easily copied, taking into account the statements of the present parties and third parties about it .

The Court may subsequently determine the execution on another matter, and not on the one that has been listed at the suggestion of the executing debtor, if there is a significant disagreement between the value of that claim and the amount of the claim.

Listing

Article 75

On a list of items, the executing creditor acquires a lawsuit at the moment when the court executor signs the census record. Court izvritelj Duan is that next to your signature clearly indicate the day and time when the minutes are signed.

Within a period of three days from the date of the completed list, the parties may request the judge to make a list change. The judge shall decide on the change of the list within three days from the day of receipt of the new request.

When things go wrong with the conclusion of an executive judge, the right is acquired by the moment when the conclusion is reached, and the things that are outlined in the list exclude this right.

When the list is carried out for the benefit of several executives, the order of priority for obtaining a pledge is determined on the day when the proposal for execution is received by the court and if the execution proposals are received on the same day , Their default rights have the same rank of championship.

If the proposal for of execution submitted through the difficulties registered shipments, the date of delivery channels is considered as the date of receipt of the court in .

Registration and publicity of the lawsuit

Article 76

The Executive Court shall, without delay, provide a copy of the record of the list or conclusion on the amendment of the list to an organization authorized under the law to register a misdemeanor clause on movable property. Registered court Zalon right, in relation to registered Zalon right to the same things others turn the boilers to the creditors, counted from the time of acquisition, inventory and closure. From the moment of registration, third parties can not be called to know about this right.

A copy of the record on the list or conclusion of the court on the change of the list shall be delivered to the executing debtor. The Executive Borrower is empowered to request registration of a lawsuit if the Court of Appeal has not done so before.

A copy of the record of the list or the conclusion shall be made by the court enforcement officer in a visible place in the room in which the matter is at the moment of the census, and on the cited items that are left to the guardian of custody shall be clearly indicated that they have been taken To the list.

A person who removes a copy of the record or the mark that the items listed shall be punished in accordance with Article 45 of this Law.

Keeping Listed Items

Article 77

Listed things are usually left to guard the exquisite duchess.

At the proposal of the executing trustee, the court will hand over things to him or to a third person if he or she makes it probable that the danger of being defeated, alienated, or otherwise diminishing is diminished. The costs of keeping things are borne, as well as the risk of failure or damage to the property unless the defect or defect can be attributed to the guilty superior or the person to whom the custody is entrusted.

At the proposal of the executing magistrate, the court may file the listed items to the custody of him or a third person by the executing debtor. The custodian has to pay the costs of the pre-executing debtor, and the executing officer is obliged to compensate them. The risk of failure or damage to property rendered to custody by the executing debtor or third party is borne by the executing debtor, unless the failure or damage is the consequence of more force or case .

Cash, securities and precious securities will be handed over to court custody.

Other securities of higher value are also presented to the court deposit if they are suitable for such a storage.

Prohibition of disposal of the items listed

Article 78

All persons who possess or have control over the listed items are prohibited from disposing of these things without a court order.

Unspecified attempts to list

Article 79

If the list does not find things that may be the subject of execution, the court will notify the executing debtor who did not attend the list.

On a proposal izvrnog creditor who makes it credible that turn the Dunik know where the e things that were not found, the court will invite izvrnog Dunik that within three days from the date of delivery of calls to Notify about The object of finding things. In carrying out the obligation of the duo to provide the obli gation, the rules applicable to the compulsory execution of an obligation that can only be performed by the executing officer personally.

The ultimate creditor may, within three months of receipt of the notice of the unsolicited search of the list , or of the day of the unspecified list to which he has attended , propose to re-execute the list.

If the executing debtor does not propose that the list be re-executed within that period or if there are no objects that may be the subject of execution on the re-listing, the court will suspend the execution.

evaluation

Article 80

At the same time as the list of items, their estimate will be executed.

Judge is adjudicated by a law enforcement practitioner and, if necessary, a professional or a court member.

Estimates are based on the market price of such items in the list. The Court may decide to make the assessment based on the obtained price statements from the appropriate organizations and institutions.

A credible creditor and an executor can concisely determine the value of the item.

The party may suggest that the assessment be conducted by a party even though the court has not determined it. If the court accepts this proposal, the cost of the award is long enough to advance the bidder within the time limit set by the court. If the advance is not paid within the deadline, the promoter will be deemed to have withdrawn from his proposal.

On the proposal from paragraph 3 of this Article, the court decides with a conclusion.

The costs of the provision referred to in paragraph 3 of this Article shall be borne by the proposer, regardless of the outcome of the execution procedure.

The party may be administered within three days of executive assessment submitted to court to determine niu or viu value n ost inventoried items of estimated or to order a new assessment, unless the assessment carried vetak. The court decides on the proposal by conclusion.

Record List and Assessment

Article 81

The record is compiled on the list and the estimates.

The record shall , among other things , a special state Single of the listed items with their estimated diligence and entered statements of the parties and participants in the proceedings as well as the statements of third parties concerning the existence of rights that prevent of execution.

If the court decides that the assessment is to be made after a census, by collecting or obtaining data from an organization or institution, a separate record is made of the assessment.

The record of the list of executing debtors could be published in the public information media.

Zabele`ka instead of a list

Article 82

If, after the census, the execution of the billing items for the second claim of the same executing creditor or for the claim of another creditor is charged, no re-listing and evaluation of these items will be made, Record only the data from a more detailed statement of execution.

The loyal creditors in whose favor the debtor has obtained the insolvency right on the list of things .

The bill of lading shall be kept informed by the organization that keeps the register of movable property rights, which is obliged to register such acquired rights to the register in the register.

3. Sell things

Sales time

Article 83

The sale of the inventory is carried out by virtue of the validity of the execution judgment, unless the executive officer proposes or at the suggestion of the executing creditor agrees that the sale is to be made earlier or , Which are subject to rapid malfunction or if there is a risk of a significant reduction in the price of the listed items.

Between the day of listing and the day of sale must last for at least 15 days.

Sales are moe implemented and after the deadline referred to in paragraph 2 of this article if you turn the Dunik on this suit that the sale done before that deadline, if it comes to things that are susceptible to rapid deterioration , if there is a risk By a substantial reduction in their price or if the executing creditor places a benefit on the loss which would have been long enough to compensate the executing officer if the execution order was terminated.

The way of selling

Article 84

Selling things is done through oral public bidding or direct bargaining. The selling method determines the court’s finding by making sure that the best cashing is achieved.

Selling through bidding will be determined if things are of higher value, and it can be expected that things will be sold at a price higher than the estimated value.

The contract of sale by direct agreement is concluded between the buyer on the one hand and the court executor or the person who commits the affairs, on the other hand.

A court executor of movable property sells on behalf of and for the account of the executing debtor, and the person who commits the affairs in his name and for the account of the executing debtor.

The sale of the goods will be announced on the notice board of the court no later than 15 days before the day of the public sale.

The superior creditor and the executing court will inform the court of the place, day and time of the sale.

Selling price

Article 85

Listed items can not be sold for the amount below the estimated value on the first bidding, ie within the time that the court ordered for sale by direct bargaining.

If no price has been achieved in the first bid, the court will determine at the party’s proposal a new bidding at which the starting price will be equal to one half of the estimated value.

The provisions of paragraph 2 of this Article shall also be applied where the listed items could not be sold at the level of the estimated value through direct negotiations, within the time limit set by the court or at a later date for sale.

Suspension of proceedings

Article 86

Proposals for other bidding or for sale through direct negotiations may be submitted by a party within 30 days of the day of the first bidding or from the date of expiry of the deadline set by the court for sale through direct bargaining.

If the proposal is not filed within the time limit referred to in paragraph 1 of this Article, the proceedings shall be suspended .

Obligations and customer rights

Article 87

The bidder with the highest bid will pay the price for the movable thing immediately after the publication of the results, unless the court decides otherwise. If the bidder does not pay immediately upon a court call, the other bidder will be offered the buyer and pay the price he has offered, and so on.

In the event that none of the bidders with the appropriate offer pay the price immediately upon the invitation of the court, the court shall, at the request of one of the parties, indicate that the first official has failed.

The request for a court to schedule a new term may be served by the enforceable creditor within eight days from the date of the non-successful performance.

If an executing debtor does not propose a new term within eight days, the proceedings will be suspended.

The buyer takes over the matter from a court bailiff by paying the price.

A court bailiff submits things to a buyer and does not settle the price if , at his risk , the executing debtor and the participants who have the right to settle for the prize are accepted by them within the limits of the amount they earn from the achieved price.

If the buyer fails and the buyer does not set the price within the time limit set by him, the persons referred to in paragraph 5 of this Article may be required by the court to order the buyer to pay the price in the same procedure and after the legality And the excellence of that statement , may suggest execution.

4. Settling an outstanding debtor

Settling when an executor is an executor

Article 88

If only one executing debtor is settled from the sale price, the court will, by not ruling out the deadline, by ordering to determine from the amount obtained by selling the item in order: the costs of the execution procedure, the fines determined In an executable, interest up to the day of cashing up and the main claim.

Viak selling prices , which remain after the settlement , Surrender to reverse a Dunik, if there is no interference .

Suicide when there are more senior executives

Article 89

If several executives are executed in the execution procedure, ie if persons who are entitled to terminate their assignment are settled in addition to executing executives, they are subject to the strict application of the rules on settlement sale related to the sale of immovable property from the sale price In the order in which they acquire or otherwise terminate the right of sale, unless otherwise prescribed by law for certain claims. Successful debtors of the same order that can not be fully resold from the sale price are settled in proportion to the amount of their claims.

When solving settlement proceedings, the court will only consider those claims for which the enforcement order has become legally valid until the day of settlement.

The remaining selling price that is left for settlement will be handed over to the executive duo if there is no interference.

Arranging by paying a thing to an outstanding debtor

Article 90

If the matter could not be sold at the second hearing on the tendering or direct settlement in the deadline set by the court, in front of l og izvrnog creditor , the court shall award the thing reverse a creditor.

In the case referred to in paragraph 1 . Of this Article , it is considered that the executing debtor is settled at an amount corresponding to one half of the estimated value of the item.

Applying Provisions on Execution on Immovables

Article 91

The provisions of this law on the execution of immovable property related to the question of who can not be a buyer, denial of search, referral to litigation and settlement of disputes, are also applied in respect of execution on movable property for settlement If the provisions of this chapter are not otherwise defined.

5. Produced execution procedure for the collection of cash demand a

Conditions for Launching the Procedure

Article 92

Turn out the creditor, which in reverse a post in PKU is not more fully settled may submit a request to the court for obtaining a declaration of assets izvrnog Dunik, which acquired the right to demand the implementation of execution on the property izvrnog A man who had not known him until then.

Procedure

Article 93

The Court will issue a ruling ordering the executing officer to deliver to the court a declaration of property within ten days .

If the executing judge fails to comply with the court’s order within the time limit, the court will issue a ruling on the term for which he will summon the executing judge to the court record to declare the property.

The court will issue the ordination forced to in f learning izvrnog Dunik, if fails to comply with a court order or not access to a hearing scheduled.

Upon receipt or receipt of the property declaration court, a court sends a copy of the property declaration to the executing debtor.

The consequences of giving incomplete or inaccurate data

Article 94

If an executable is found to be incomplete or inaccurate data in a property claim , it will be considered that by such good presentation or concealment he misled the executing debtor and thus prevented the executing debtor from collecting his claims enjoyment of the property by the display-member , or concealed .

Anyone with a the interested person determines that the declaration of assets is incomplete and or inaccurate , the power to initiate criminal proceedings against izvrnog Dunik.

Enroll in the book of executives

Article 95

The Court is obliged to keep a record of executives holding a record of executives with their statements of property.

The Court is obliged to make the entry of the executing officer in the book of executives within three days of the receipt of the property declaration or the receipt of the property declaration on the record.

At the request of the executing court, the court will make the deletion of the enrollment, after the expiration of the period of three years from the date of registration .

The court moe izvriti deletion and before the deadline specified in paragraph 3 , if the creditor on whose request the executive sign the guestbook The unique Dunik , submit a statement to the court that his claims settled.

The consequences of enrollment in the book of executives

Article 96

Any interested person may request the court to be granted access to the book of executives or to be given notice of the entry of a particular person in the book of executives.

At the request of persons demonstrating their legal interest, the court is obliged to grant access to the book of executives or to provide notice of registration of executives within three days from the date of the sub-claim .

Invert the creditor on the basis of whose requirement is turn the Dunik made a statement on the assets, the records in the book The unique Dunik not acquire priority in the payment of their claims from the assets listed e in a statement on assets compared to Other debtors to the same executives.

Complaint

Article 97

Against the reckoning of the entry in the book of executives, the perpetrator may file a complaint within three days from the date of delivery .

The objection shall be decided by a greater than one judge within three days of receiving the objection .

An objection stops the entry of an executive duo into the book of executives.

Head two

 

Article 59

If the execution has already been carried out, the executing court may file a proposal for counterfeiting with the court, requesting that the executing debtor return what he has done to the execution if:

1) the executable document is legally terminated, modified, canceled or otherwise discharged;

2) in the course of the execution procedure voluntarily dismissed the creditor’s claim;

3) the execution of the execution is legally terminated or modified;

4) A verdict by a court decision determines the inadmissibility of enforcement.

Proposal for protivizvrenje for the reasons set out in paragraphs . 1) , 3 ) and 4 ) of paragraph 1 . this article may be submitted within 30 days of notification of the decision reverse a Dunik, the reason the paws and 2 ) attitude and 1 . Of this Article , within 15 days from the date of termination of the execution procedure.

Invert Dunik he can not before the expiry of the deadlines specified ¹ by this part of his claims exercised in legal proceedings.

Procedure for Counterfeiting Suggestion

Article 60

The Counterfeit Propose Proposal shall be served by the court to the executing debtor and ordered him to make a statement on the proposal within three days of the date of receipt.

If the creditor who executes within a given deadline disputes the proposal, the court will make the decision, with the possibility of holding the roci.

By refusing to accept the proposal, the court will order the executing debtor to return to the executives what he has received with execution within eight days.

The rejection of the previous paragraph will not be executed.

If the execution is carried out for the purpose of collecting the monetary claim, the court shall, upon the proposal of the executing officer, determine the payment of default interest at the prescribed rate on the amount of funds on which the execution was effected from the date of execution until the day of the restitution funds.

Responding to counterfeiting

Article 61

On the basis of a legally valid and enforceable remedy by which the executing debtor was ordered to return the executing officer back to what he had received by execution , the court will make the proposal of the executing officer Prevention of counterfeiting.

Counterfeiting is carried out under the provisions of this Law.

Inability to counteract

Article 62

An anti-provocation proposal will not be adopted if a recovery of the case is sought in respect of which such actual or legal changes have occurred that recovery is no longer possible.

In that case, the executing party may exercise its right in litigation and before the expiry of the deadline for submission of the anti-execution proposal.

The head of the head

DISTRIBUTION AND SUSPENSION OF EXECUTION

Disposal of execution at the proposal of the executing debtor

Article 63

At the proposal of the executing magistrate, the court will completely or partially suspend the execution if execution of the execution has not started.

If the execution of the execution has begun, and the executing judge shall, within the time limit set by the court to rule against the delay, the court shall reject the proposal for the deferment.

If the law stipulates that execution is required within a certain time limit, the executing debtor may submit a proposal for deferment within that period.

Disposal of execution at the proposal of the executing officer

Article 64

At the proposal of the executing court, the court shall, if the executing officer makes it probable that he or she will be able to perform the execution in whole or in part if he or she:

1) upon the request of the executing officer for the expiration of the execution of the execution document, the first-instance decision by which the request was adopted;

2) upon request izvrnog Dunik for ponitaj judgment arbitral tribunal on the basis of which is determined by the first instance of execution made the decision to adopt the requirements;

3) on the occasion of the request of the executive officer for the cancellation of the certificate of execution, the first-instance decision on which the request was adopted was adopted;

4) The execution depends on the simultaneous fulfillment of the obligation of the executing creditor , and the executing officer refused to fulfill his obligation because the executing debtor did not fulfill his obligation or demonstrated willingness to be fulfilled.

The court may decide upon the execution of the executing officer if the executing officer makes it probable that in execution of the execution it will be ineffective or sufficiently overdue, to completely or partially terminate the execution in other Cases where there are particularly justified reasons for this, and the executing officer is justified by public or statutory documents. On this proposal, the court decides after a rally.

The Court may, subject to the circumstances of the case, suspend the execution by making a claim.

Submitting a proposal for delay of execution by the executing officer as well as filing a complaint against the rejection with which the proposal is rejected does not prevent the further execution of the execution.

The third party may submit a proposal for the postponement of the execution under the conditions laid down in paragraph 2 . Of this member.

Disposal of a third party proposal

Article 65

The Court may, at the suggestion of a third party who has initiated litigation in the sense of Article 23, paragraph 4 of this Law, to refrain from executing execution if it assesses that the person is overwhelmed by a more substantial defect and can determine that Within eight days from the date of delivery of the repository, shall place the benefit in the amount of the claim.

If the court has decided to execute the non-monetary claim under the condition of the claim, the amount of benefit shall be determined taking into account all the circumstances of the particular case.

Times for which execution is omitted

Article 66

If the execution is postponed at the expiration of an executing creditor, the court will postpone the execution for the time that the executing debtor has determined.

If the executing debtor has filed a motion for the postponement of execution in the case where the law provides for the execution of the execution within a certain time limit, execution can not be postponed for a period longer than That deadline.

If the execution is omitted from the proposal of the executing officer referred to in Article 64 . Paragraph 1 . Tač . 1 ) and 3), execution shall be postponed until the court or other proceedings have been completed.

If the execution is omitted from the proposal of the executing officer referred to in Article 64 . Paragraph 2, the execution may be postponed only once for a time period of not more than 90 days.

If the execution is postponed at the suggestion of a third party, the deadline referred to in paragraph 3 shall apply at the time of the expiry of the execution . Of this member.

Resume execution

Article 67

Delayed execution continues on the official duty after the expiration of the time for which it has been discharged.

On a proposal izvrnog creditor, the court may proceed of execution and prior to the deadline for which will is decisive, provided that makes it credible that they stopped the reasons for postponement or if POLO affidavit.

Suspension of Execution

Article 68

In addition to other cases provided for in this Act, of execution will be suspended after slubenoj duty when reverse a document pravosnano, and finally , revoked, modified, humiliated or revoked, as and when confirmation Of execution is legally terminated.

The court will suspend the slubenoj duty of execution if during izvrnog procedure, until of execution is not carried out, it establishes that the claims stopped due to the collapse of the object of execution, death or termination of customer email Which has no legal successor, refusal of search and other legitimate reasons.

Reinstatement of the suspension of execution will terminate all executed actions if this does not address the acquired rights of third parties.

Financial penalties

Article 45

The fine can be imposed on individuals in the amount of 3,000 dinars up to 150,000 dinars, and legal entities in the amount of 30,000 dinars to 1,500,000 dinars.

The financial penalty referred to in paragraph 1 of this Article may be re-imposed, in an increased amount, with the execution of the execution of the previous sentence, if the executing officer fails to act upon the repeated order of the court or continues to act in contravention ban. The pronouncement and execution of the sentence shall be repeated until the person concerned has acted in accordance with the decisions of the court and up to ten times the amount of the first sentence imposed .

Before pronouncing a fine, the court will allow an enforceable duo to make a statement and, if necessary, end the hearing for proof.

The fine is pronounced by the judge by re-election, taking into consideration the amount of punishment on the economic power or the material circumstances of the executing officer, the significance of the action he has had to do, as well as other circumstances of the case. Payment is also determined by re-determining.

The person to whom a fine is pronounced may file an appeal against a sentence within three days of receiving the sentence.

The person to whom the sentence is pronounced or executed shall be borne by all costs incurred by the pronouncement or execution of punishment.

A fine shall be paid by the court upon official duty if the executing officer fails to pay voluntarily. Compulsory fines of forced fines will be compulsory at the same time as compulsory fines.

The fine under the provisions of this Article may also be pronounced and enforced by the executing officer, the executive officer of the executing officer, the bank and other natural and legal persons, as well as the responsible Persons in a legal entity in case they fail to comply with the order or prohibition imposed in the execution procedure when this is provided by this law.

2. Judicial Penalties

The decision making process

Article 46

On the request of an executing creditor to order a court to execute an outstanding debtor of a non-monetary obligation determined by a judicial decision on the payment of court penalties provided for by the rules of the law on debts, shall be decided by the court in the execution procedure.

The request for the payment of court penalties shall be submitted to the court competent for the execution of a court decision finding a non-monetary obligation before submitting a proposal for execution.

The procedure for requesting the payment of court penalties applies rules on the urgency of the execution procedure. The court as a rule decides on the request for payment of court penalties without having to hold a court session.

If he finds that the request for payment of court penalties has been established, the court will oblige the executing court to pay court penalties for the period from filing the payment claim to the submission of a compulsory execution proposal.

Against the claim that the request for the payment of court penalties adopts or refuses is permissible.

Upon receipt of a proposal for the execution of a decision by which the executing duo is obliged to fulfill the non-cash obligation, the court shall terminate the obligation to pay the penalty in the future.

Invert Dunik that upon drafting the payment liability ordination court penalty ap r e podnoenja motion of execution of voluntary emergency duty Izvro may submit a request for reduction of adjudicated court penalty, in accordance with The rules of the bond law.

About the ht evo for reducing the amount of court penalties decided ordination court that rendered the decision on their payment. Against ordination which accepts or rejects the rookie and the reduction of penalty allowed the appeal.

Mandatory Execution

Article 47

Resolving the obligation to pay court penalties is enforced by the rules of this law for the execution of monetary obligations.

Head third

EXERCISE BENEFIT

Actual jurisdiction

Article 48

For deciding on a proposal for execution, a court of law is the law.

Sadness of proposals and contributions

Article 49

In the proposal for execution must be indicated: the executing debtor and the executing officer, the executable or verifiable document, the obligations of the executing officer, the means and objects of execution, as well as other data that are Necessary to carry out the execution.

With the execution proposal, the executing debtor is obliged to submit an executable or verifiable document in the original or overdue copy and other documents when this is provided by this law.

Certificate of Execution

Article 50

If the proposal for execution is submitted to the court which has not decided upon the claim in the first instance, the submission of the execution document in the original or an overwritten submission to which the certificate of execution is submitted is submitted, or a verifiable document is submitted.

The certificate of execution is given by the court, or by the body that decides on the first degree claim.

A non-substantiated certificate of enforceability shall be annulled by serving the same court, or body, at the proposal or in the official capacity.

Withdraw the proposal

Article 51

The execution procedure shall be terminated without the consent of the executing officer if the executing debtor withdraws the execution proposal in whole or in part.

Reinstatement of termination of execution will terminate all executed actions if it does not deal with acquired rights of third parties .

Responding to the proposal

Article 52

The following must be stated in the execution report: the executing debtor and the executing officer, the executable or verifiable claim document, the claim of the executing debtor, the means and the object and execution , As well as other data required to carry out the enforcement provided by this Law.

The ordination of execution on the basis of confident document, the court will oblige izvrnog Dunik that within eight days, and in the bills and disputes involving checks within three days after delivery ordination, settle claims together With allocated funds and determine the execution for the purpose of making such claims.

In the execution report from paragraph 2 . This article introduces an instruction on the right to file a complaint .

Rejection of a complete or partial refusal of execution must be justified.

Delivering execution reports

Article 53

The execution report shall be delivered to the executing creditor and the executing officer, and the decision refusing the execution proposal shall be submitted only to the executing debtor.

In addition to the execution report, the executing officer is also provided with a proposal for execution.

The report on the execution of the monetary claim is also submitted to the executing officer of the executing officer, and the execution of the execution on funds in the account of the executing officer is also submitted to the organization For compulsory billing.

Dispute over execution on movable property shall be delivered to the executor immediately prior to taking the first execution action unless otherwise provided by this law.

If the court that has executed the execution report is not responsible for the execution of the execution, it shall report the execution of the execution to the competent court for the purpose of delivering such remedy and enforcement.

Head fourth

EXECUTION PROCESSING

Execution based on improper conduct of execution

Article 54

The enforcement is carried out before the validity of the execution report, unless otherwise provided by this law.

Time of execution

Article 55

Execution is carried out on a business day and during the day, up to 20 hours .

In non-working days or at night, enforcement can only be carried out if there is a risk of delay, as decided by the court.

Attorney’s trial

Article 56

Judicial izvritelj it must do when bsqueda flat izvrnog Dunik or stores it carries on it and taking other actions The unique account dunim treat a the personality and izvrnog Dunik A member of his household.

Turn over the actions in the apartment izvrnog Dunik who do not attend turn the Dunik, his legal representative, proxy or an adult member of his household must attend two adult civil ways .

When the execution is to be carried out in a room that is locked and the execution duo is not present or does not agree to open the room, the court attorney will open the room in the presence of two full-time citizens.

Interfering with the Judicial Enforcement Officer

Article 57

Court izvritelj OVLAC is to remove the person who interferes with the enforcement of execution.

During the proceedings of execution competent authority of Interior du and n is that He held court izvritelju all the assistance necessary for the implementation of execution. A court bailiff may, if necessary, require the taking of appropriate measures against a person who impedes execution.

In the treatment of organs Interior, apply the rules of indoor activities.

When executing compulsory acts provided for by this Law, the forced acts provided for by this Law shall only be undertaken if they are necessary in the execution process .

In case of failure to perform internal affairs at the request of a court attorney to provide assistance in the execution of the execution, the court is obliged to inform the Ministry of the Interior thereof.

Irregularities in Execution

Article 58

The party and the participant may request the court to remove the irregularities that the court executor has committed in carrying out the execution.

The Court will remedy the unlawful and irregular acts of a court bailiff.

Article 37

Execution shall also be determined on the proposal and in favor of the persons who are not identified as executing an offense in the execution document if they prove that the claim was transferred to him or that he was transferred to Another way is passed and, if that is not possible, the transfer or transfer of the search is proved by a judicial or final decision brought in a civil, administrative and prosecution procedure.

The provision of paragraph 1 . Of this Article shall also apply in the case of executions against persons who are not identified in the execution document as a perpetrator.

Conditional and Mutual Obligation

Article 38

Execution that depends on the fulfillment of an obligation of the executing creditor or from the occurrence of a condition shall be determined if the executing public creditor verifies that the obligation has been fulfilled or that the condition has been fulfilled.

Fulfillment of the obligation or performance of the conditions shall be proved by a final or final decision made in litigation, administrative or prosecution if the executing debtor is unable to prove it in the manner specified in paragraph 1 of this Article.

If the executing officer is obliged to execute the obligation upon completion of the obligation to fulfill the obligation at the same time, the court will determine the execution if the executing creditor submits evidence that he has fulfilled his obligation.

It is considered that the executing debtor has fulfilled his obligation under paragraph 3 of this Article if he or she has committed the matter to court or has acted in the appropriate manner in the same way.

A credible creditor who claims to have fulfilled his obligation must prove in the manner provided for in para . 1 and 2 of this Article.

Alternative obligation for the choice of the outstanding duo

Article 39

If the executing officer has the right to choose between several items of his / her obligation, the executing party is obliged to indicate in the proposal for execution the subject that the obligation should be fulfilled.

Optional authority of the executing officer

Article 40

The enforceable debtor to whom a non-monetary obligation is imposed, with the right to be free from payment of a certain amount specified in the execution document, may increase this amount until the executing debtor has He did not partially accept the fulfillment of the obligation.

Submissions and rots

Article 41

In court proceedings, the court acts on the basis of submissions and other written submissions.

The court shall hold a court hearing when it is determined by this law and if it considers that the termination of the marriage is wholly void.

The court shall hear the party and the participant in the proceedings if it is provided for by this law or finds it necessary to clarify individual questions or to express a proposition of a party.

The absence of one or both parties as well as the participants from the race or their failure to call a court hearing for the hearing does not prevent the court from continuing to do so.

Means and objects of execution

Article 42

Means of execution are actions which reverse a while according to the law claims forcibly realized.

The means of execution for the purpose of realizing the monetary claim are: the sale of movable property, the sale of immovable property, the transfer of money receivable, the transfer of claims for the surrender of movable property or immovable property, the payment of other property rights, the p rinos funds held in the account Banks, sales of shares and sales of shares in business entities.

Execution actions may be directly enforced against the executing officer and other persons in accordance with this Law.

Execution objects are things and rights that can be enforced by law for the purpose of obtaining claims.

Execution objects can not be things outside traffic, as well as other things that the law excludes.

Execution cases can not be tax-deductible and other public obligations.

Execution objects can not be objects, armaments, and equipment intended for defense and government security.

Whether a thing or a right may be the subject of execution, that is, whether execution is limited or limited, is evaluated in the light of the circumstances when submitting a proposal for execution, if this law Is not otherwise expressly defined.

Trojkovi postupka

Article 43

The executing executives are subject to the procedures for determining and executing the execution.

The ultimate creditor is obliged to pay the costs of execution within a time limit set by the court, which may not be shorter than 30 days or longer than 60 days. The court will suspend execution if the costs are not paid in the due time, without which execution can not be executed.

The costs of the proceedings initiated by official duty are settled by the court from its own resources.

The executive officer is obliged to make the outstanding creditor at his request to compensate for the costs that were needed for execution.

And the fierce debtor is obliged to make the executory duck upon his request to compensate for the costs of execution which he has undoubtedly caused.

The claim for reimbursement of costs may be filed most deprived within 30 days of the date of termination of the proceedings.

The court decides on the costs of the proceedings in the execution procedure, and in the procedure determines, at the proposal of the party, execution for their settlement .

warranty

Article 44

By virtue of this law, the inheritance is made up of cash or foreign currency.

Exceptionally , the court may , with the consent of the executing creditor , grant a guarantee in the form of bank guarantees, securities , preciousness whose value is easily identified on the market and can be quickly and easily copied.

In the case of an underlying cause, the opposing party acquires a legal right of recourse.

If the court to reverse a procedure to decide on the right of the other party to compensation for damages or troke proceedings in connection with the action for which the guarantee given, on its proposal would same ordination decide on the collection established by t r ABINA from this security.