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.
The execution of immovable property is carried out by recording the execution of the public records, establishing the value of immovable property, selling the immovable property and settling the executives from the amount obtained by selling them.
Evidence of the property of the executives
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
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)
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.
Accessing the Execution
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
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
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
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
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
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
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
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
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).
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
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
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
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
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
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
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
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
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
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
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.
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
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.
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
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
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
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
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
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
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
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
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
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
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.