If the execution has already been carried out, the executing court may file a proposal for counterfeiting with the court, requesting that the executing debtor return what he has done to the execution if:
1) the executable document is legally terminated, modified, canceled or otherwise discharged;
2) in the course of the execution procedure voluntarily dismissed the creditor’s claim;
3) the execution of the execution is legally terminated or modified;
4) A verdict by a court decision determines the inadmissibility of enforcement.
Proposal for protivizvrenje for the reasons set out in paragraphs . 1) , 3 ) and 4 ) of paragraph 1 . this article may be submitted within 30 days of notification of the decision reverse a Dunik, the reason the paws and 2 ) attitude and 1 . Of this Article , within 15 days from the date of termination of the execution procedure.
Invert Dunik he can not before the expiry of the deadlines specified ¹ by this part of his claims exercised in legal proceedings.
Procedure for Counterfeiting Suggestion
The Counterfeit Propose Proposal shall be served by the court to the executing debtor and ordered him to make a statement on the proposal within three days of the date of receipt.
If the creditor who executes within a given deadline disputes the proposal, the court will make the decision, with the possibility of holding the roci.
By refusing to accept the proposal, the court will order the executing debtor to return to the executives what he has received with execution within eight days.
The rejection of the previous paragraph will not be executed.
If the execution is carried out for the purpose of collecting the monetary claim, the court shall, upon the proposal of the executing officer, determine the payment of default interest at the prescribed rate on the amount of funds on which the execution was effected from the date of execution until the day of the restitution funds.
Responding to counterfeiting
On the basis of a legally valid and enforceable remedy by which the executing debtor was ordered to return the executing officer back to what he had received by execution , the court will make the proposal of the executing officer Prevention of counterfeiting.
Counterfeiting is carried out under the provisions of this Law.
Inability to counteract
An anti-provocation proposal will not be adopted if a recovery of the case is sought in respect of which such actual or legal changes have occurred that recovery is no longer possible.
In that case, the executing party may exercise its right in litigation and before the expiry of the deadline for submission of the anti-execution proposal.
The head of the head
DISTRIBUTION AND SUSPENSION OF EXECUTION
Disposal of execution at the proposal of the executing debtor
At the proposal of the executing magistrate, the court will completely or partially suspend the execution if execution of the execution has not started.
If the execution of the execution has begun, and the executing judge shall, within the time limit set by the court to rule against the delay, the court shall reject the proposal for the deferment.
If the law stipulates that execution is required within a certain time limit, the executing debtor may submit a proposal for deferment within that period.
Disposal of execution at the proposal of the executing officer
At the proposal of the executing court, the court shall, if the executing officer makes it probable that he or she will be able to perform the execution in whole or in part if he or she:
1) upon the request of the executing officer for the expiration of the execution of the execution document, the first-instance decision by which the request was adopted;
2) upon request izvrnog Dunik for ponitaj judgment arbitral tribunal on the basis of which is determined by the first instance of execution made the decision to adopt the requirements;
3) on the occasion of the request of the executive officer for the cancellation of the certificate of execution, the first-instance decision on which the request was adopted was adopted;
4) The execution depends on the simultaneous fulfillment of the obligation of the executing creditor , and the executing officer refused to fulfill his obligation because the executing debtor did not fulfill his obligation or demonstrated willingness to be fulfilled.
The court may decide upon the execution of the executing officer if the executing officer makes it probable that in execution of the execution it will be ineffective or sufficiently overdue, to completely or partially terminate the execution in other Cases where there are particularly justified reasons for this, and the executing officer is justified by public or statutory documents. On this proposal, the court decides after a rally.
The Court may, subject to the circumstances of the case, suspend the execution by making a claim.
Submitting a proposal for delay of execution by the executing officer as well as filing a complaint against the rejection with which the proposal is rejected does not prevent the further execution of the execution.
The third party may submit a proposal for the postponement of the execution under the conditions laid down in paragraph 2 . Of this member.
Disposal of a third party proposal
The Court may, at the suggestion of a third party who has initiated litigation in the sense of Article 23, paragraph 4 of this Law, to refrain from executing execution if it assesses that the person is overwhelmed by a more substantial defect and can determine that Within eight days from the date of delivery of the repository, shall place the benefit in the amount of the claim.
If the court has decided to execute the non-monetary claim under the condition of the claim, the amount of benefit shall be determined taking into account all the circumstances of the particular case.
Times for which execution is omitted
If the execution is postponed at the expiration of an executing creditor, the court will postpone the execution for the time that the executing debtor has determined.
If the executing debtor has filed a motion for the postponement of execution in the case where the law provides for the execution of the execution within a certain time limit, execution can not be postponed for a period longer than That deadline.
If the execution is omitted from the proposal of the executing officer referred to in Article 64 . Paragraph 1 . Tač . 1 ) and 3), execution shall be postponed until the court or other proceedings have been completed.
If the execution is omitted from the proposal of the executing officer referred to in Article 64 . Paragraph 2, the execution may be postponed only once for a time period of not more than 90 days.
If the execution is postponed at the suggestion of a third party, the deadline referred to in paragraph 3 shall apply at the time of the expiry of the execution . Of this member.
Delayed execution continues on the official duty after the expiration of the time for which it has been discharged.
On a proposal izvrnog creditor, the court may proceed of execution and prior to the deadline for which will is decisive, provided that makes it credible that they stopped the reasons for postponement or if POLO affidavit.
Suspension of Execution
In addition to other cases provided for in this Act, of execution will be suspended after slubenoj duty when reverse a document pravosnano, and finally , revoked, modified, humiliated or revoked, as and when confirmation Of execution is legally terminated.
The court will suspend the slubenoj duty of execution if during izvrnog procedure, until of execution is not carried out, it establishes that the claims stopped due to the collapse of the object of execution, death or termination of customer email Which has no legal successor, refusal of search and other legitimate reasons.
Reinstatement of the suspension of execution will terminate all executed actions if this does not address the acquired rights of third parties.