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
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
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
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
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.
ISPRANJENJE AND SURRENDER A IMMOVABILITY
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
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
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
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
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.
EXEMPTION OF THE OBLIGATION TO FUNCTION, INJURY OR EXPLOITATION
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
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
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
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
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
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
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.
EXECUTION OF A DECISION ON THE OBLIGATORY RIGHTS – SUBSEQUENCE AND DETECTION OF DETETA
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
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
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
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
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
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
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
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
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
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.
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
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.
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.
APPLICATION IN PUBLIC BOOK
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
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
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
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
Provisions of this chapter shall, as appropriate, be applied to enrollment in other public books, unless otherwise provided by a special law.
CONCERNING THE STATEMENT OF WITNESS
Without a search
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.
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.