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.
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
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
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).
LACK OF RIGHT TO NON-COMPREHENSIVE RIGHTS BASED ON EXISTENCE OF EXPRESS
1. The right to the rights and obligations of public books
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.
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.
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
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
Pecuniary right is acquired by a list, subject to the provisions of this Law.
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.
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
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.
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
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
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
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
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
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
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
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
1. Basic Rules
When a temporary measure can be determined
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
The temporary measure is forbidden if the Security moe accomplish other collateral which may achieve the same purpose.
But rather than provisional measures
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
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
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
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
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
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
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
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
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
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
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.
TRANSITIONAL AND FINAL PROVISIONS
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).
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).
This law shall enter into force three months after its publication in the “Official Gazette of the Republic of Serbia”.