Launching a civil action without a court order

Article 24

A person who claims that, with regard to the subject of execution, has the right to prevent execution until the termination of the execution procedure, and without referring the court referred to in Article 23, paragraph 4 of this Law to a litigant proceeding against the debtor , For the inadmissibility of the execution of the case .

A defendant who disputes the right to a third party may be covered by a lawsuit.

The initiation of the proceedings referred to in paragraph 1 of this Article shall not prevent the execution of the execution further.

Execution of the party’s enforcement document

Article 2 5 .

If the executing debtor’s proposal for execution is based on a foreign execution document, it must be enclosed in the original or an overwritten translation, translated into the language that is used in court, together with evidence of its validity , That is, execution, according to the law of the country whose execution document is in question.

A foreign execution document that was previously recognized in front of the domestic court in accordance with the law shall be executed in the same manner and in the same procedure as the domestic execution document.

The enforceable creditor may institute proceedings before a court of competent jurisdiction in the Republic of Serbia and on the basis of a foreign enforcement document not previously recognized before the domestic court. If the execution proposal is submitted on the basis of a foreign enforcement document that has not been recognized, the court decides on the recognition of such document as the preceding question.

In the decision-making process for execution on the basis of a foreign enforcement document that has not been previously recognized before the domestic court, the court conducting the execution considers those legal disturbances for recognition that are taken into account on an official duty basis.

The legal grounds for refusing to execute an enforcement order issued by a foreign enforcement document that has not been previously recognized by the domestic court may be subject to other legally prescribed grounds for not recognizing the foreign execution document.

Execution of foreign assets

Article 26

On the assets of a foreign state and international organizations located in the territory of the Republic of Serbia, no execution or safeguard can be determined without the prior written consent of the competent authority , unless the foreign country or international organization has explicitly agreed to Execution or security.


Applying provisions of the Civil Procedure Act

Article 27

In the process of execution and provision, provisions of the Civil Procedure Act shall be applied, unless otherwise provided for by this or other law.

The meaning of particular terms and expressions

Article 28

The terms and phrases used in this law have the following meaning:

1) “claim” means the right of the executing creditor to pay the cash amount or to any other giving, making or custody;

2) “executing debtor” means a person whose claim is realized in the execution and provisioning process ;

3) “executing officer” means a person to whom a claim is made in the execution and security proceedings ;

4) “Party” means an executive debtor or an executing officer;

5) “Participant” means a person who, in the process of performing or securing, exercises some of his or her legal interest, and is not a party to the proceedings;

6) “execution report” means a statement by which the proposal for execution has been accepted in whole or in part;

7) “Judicial Enforcer” means an employee in a court that directly commits certain acts of enforcement or security;

8) “farmer” means a person whose agricultural production is a common source of income;

9) “Public Book” means a cadastre of immovable property or other public books or a register established by law for registration or registration of immovable property rights, shares and other means of execution;

10) “prefabrication” means the type of enrollment in a public register that conditionally acquires, transfers or terminates immovable property rights or other enforcement objects;

11) “securities” means a written or electronic record in which there is a right or in which the right to perform or provide for is exercised;

12) “transaction” means a securities portfolio that is entered in the Register of securities from which the execution or provision is performed;

13) ” property declaration ” means a statement which, under the omission of criminal liability, is given by an executor before a court or other competent authority containing a list of all assets of the executing officer, including his or her As well as confirmation that the data on his property is complete and accurate.