Financial penalties

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.

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