Complaints against enforcement may be made out of the reasons preventing execution, and in particular:
1) if the court that has executed the execution report is not competent;
2) if the document on the basis of which the execution is performed does not have the status of an enforcement document;
3) if the decision on the basis of which the execution order was issued is not executed;
4) If the decision on the basis of which the judgment on execution was annulled, annulled or changed;
5) if the settlement on the basis of which the enforcement order was rendered out of force;
6) if the deadline for filing a claim has not elapsed or if the condition determined by deduction has not been fulfilled;
7) If execution is determined on matters, money laundering and other rights that are exempt from execution, or where the ability to execute is limited;
8) If the claim ceased on the basis of the facts that occurred after the execution of the decision or before, but at the time when the executing officer could not have pointed out in the proceedings from which the execution document was initiated, Or if the claim ceased on the basis of the facts that arose after the conclusion of the settlement;
9) If the executing debtor has failed to meet its obligations for periods that have not yet expired;
10) if a period has expired in which it may be proposed by law to execute;
11) If the claim has not been transferred to the executing debtor, or if the obligation has not been transferred to the executing officer.
Loss of Right to Subsequent Submission of Evidence
A verifiable duo is obliged to give all the reasons for the rebuttal in the bill and all the evidence on which the allegation is based is submitted to the complaint and in case it does not lose it the right to subsequently submit the evidence in the court proceedings.
Exceptionally, for the reasons provided ¹ for in Article 15 . paws and 8) of this law turn the Dunik moe appeal lodged against the ordination of execution and after the deadline for appeal, until of execution can not be carried out.
The answer to the question
Complaint against execution of the execution shall be delivered to the executing debtor.
Invert the creditor may be administered within three days of notification of appeal to noon to answer to the appeal.
Upon receipt of the response to the complaint or after the expiration of the deadline for replying, the first instance court shall, if it considers it necessary, schedule the hearing sessions for discussion.
Suspension of Execution by the Appellant Officer against Execution Execution
The Trial Chamber may, if it finds that it has been established, bring an executor who has filed an objection to execution within a reasonable time, to adopt, to terminate the execution order, to suspend execution in whole or Partially and abolish the actions taken.
In the same way, the first instance court may act on the occasion of the expulsion declared after expiry of the deadline, within the meaning of Article 17 of this Law.
To the answer given in the sense of st . 1 and 2 of this Article may be filed with the Appellate Court.
If the first instance court does not decide to deal with the case, it shall submit it to the second instance court.
Reasons for dismissal of complaints and for transfer of cases to the competent court
The First Instance Court will reject a timely, incomplete or unauthorized election by rejecting it.
The Trial Chamber shall, upon an action for failure to act, declare that it has been founded, to put an end to its remit, to abolish the actions taken and to submit a proposal for execution to the competent court.
The procedure for objection against execution on the basis of a verifiable document
If the ordination of execution on the basis of authentic documents is contested in its entirety or only in part, which is certain of execution , the court to which the complaint is filed , shall supersede ordination of execution of the work, which is determined by f one of execution and cancellation actions implemented, and the process will continue as of an objection against the payment order , and if this is not the meat jurisdiction , shall provide the subject of meat competent court.
If the ordination of execution of contested only in the part which is determined by f one mode of execution, further proceedings will continue as a process after the appeal against the ordination of execution issued pursuant to reverse a document.
If the objection referred to in paragraph 2 of this Article is adopted, the part of the execution report that has been executed shall have the status of an enforcement document on the basis of which enforcement may be sought on another means.
An objection to enforcement must be explained.
Return to yarn
Returning to pređanje state to reverse a procedure allowed on only because proputanja deadline for complaint against the ordination of execution, or proputanja deadline for appeal.
Third person’s objection
A person who claims that in respect of an execution object has the right to prevent execution, may file an objection to the first instance court until the termination of the execution procedure , requesting that the execution of the case be declared inadmissible.
The court shall address the objection to the creditor and invite him to make a statement within three days of the date of delivery.
The Court will reject the objection if the third party does not make it probable that it has the right to enforce the execution of the case.
Moe court throughout the proceedings a third party , whose real assessment of probable, and that is turn the creditor challenged or are about him not pleaded, ordination instructed to, within 15 days from the date of delivery ordination against izvrnog The creditor initiated civil proceedings in order to declare that the execution of the case was inadmissible .
A defendant who disputes the right to a third party may be covered by the lawsuit referred to in paragraph 4 of this Article .
An appeal can not be made against the claims referred to in paragraph 4 of this Article.
Submission of the complaint referred to in paragraph 1 of this Article shall not prevent the execution of the execution further.