When the conditions for suspension of execution have been obtained, the court may make a proposal by the executing debtor, who may put it within 30 days, to make a claim to the transfer of immovable property for remuneration .
Responding to the transfer of immovable property to an executing debtor may be contested by the executing officer.
Fee and duration
The Court shall, by submitting a vacancy to the executing debtor, determine the term to which the immovable property is surrendered and the amount of monthly remuneration that may be incurred for the use of immovable property and upon the acquiree’s acquiescence.
The time on which the immovable property is handed over to the executing trustee by the court shall be determined having regard to the amount of money required by the executing debtor and the amount of the indemnity for which he has been established.
Fee for the use of immovable property is charged to the executing debtor as a repayment of the claim to the executing debtor.
Upon expiration of the term referred to in paragraph 2 of this Article, the executing debtor is obliged to transfer the immovable property to the executing officer.
Surrenders and restitution of immovable property shall be governed by the provisions of Art . 13 0- 13 2 . Of this law.
4. Settling executing debtors
When it comes to settlement
The Court is approaching the validity of the ruling on the transfer of immovable property to the buyer .
Face to face and shyness
The sale creditor is executed by the executing debtor whose proposal is for execution, the pledged creditors and when they have not filed their claims and the persons entitled to the personal allowance.
The remaining sales prices remaining after the settlement of the persons referred to in paragraph 1 of this Article shall be submitted to the executing official if there is no interference.
If the selling price is not sufficient for full settlement , multiple claims with the same order are used to adjust the amount of these claims.
First of all
From the amount obtained by selling, we primarily use the following, in the following order:
1) the costs of the execution procedure,
2) Claims based on legal aid, if proved by an executable document and if they are most relevant on the sale date .
Order for other claims
Upon settlement of the claim referred to in Article 140 of this Law , the following shall be settled:
1) tax and other taxes burdening immovable property in the last year;
2) claims on the basis of indemnity cover: damage incurred due to health or impairment or loss of work ability and for lost izdravanja due to death of serving a tion , claims on the basis of an employee an entrepreneur or other A physical person performing the activity and claiming social security contributions that have come to fruition , whether or not they are secured by pecuniary right on the immovable property sold ;
3) claims secured by pledge ;
4) demand of compensation for personal slubenosti and real burdens that sales go down, if they occur before the start izvrnog procedure ;
5) Requests by executives who have been designated for execution.
Very not creditors , are settled in the order of acquisition zalonog rights and creditors of charge for personal slubenosti and actual loads in the order of registration in a public register.
Costs and interest rates for the last three years until the issuance of the sale of immovable property to the buyer, specified by the execution document, are settled in the same order as the main claims.
Claims from Paragraph 1 . items. 1), 2), 3) and 5 ) of this Article shall be settled if they are most deferred to the Immovable Property Contest and if the execution document is enclosed as evidence.
The amount of personal service fees and the actual charges
If the amount of compensation for personal slubenosti or real burdens , which are selling extinguished , no agreement between the holders of those rights and turn the boilers to the creditors that the order for settlement come after them, the amount of compensation determined by the court, while taking into Consider, in particular, the time for which the service , or the burden, already lasted, their value and the years of the life of the holders of those rights.
The buyer and holder of personal slubenosti or actual load can be agreed that the buyer takes over slubenost , or real burden, and that the amount of compensation determined under paragraph 1 of this Article be deducted from the purchase price.
Refuting the search
Invert the creditor or other person who is settled from the sales price moe, if this is the impact on the settlement, another challenge the existence of the claims , except claims established ¹ particular reverse a document, its height and turn the Who has the right to settle.
Controversy can be made of the most important at the time of deception.
Making a lawsuit
A court of law challenging a claim shall refer to a lawsuit that may not be longer than 15 days , if the decision depends on the contravention, unless its denial is proved by a verdict, a public Or by law, with a private document. If a person challenging a search for such disputes isproven by a verdict, a public or a private law file, the court will decide on the disputes in the enforcement proceedings.
If the person who disputes the claims made probable existence of reason and to contest, the court will make a conclusion on the case face which is disputed claims, and drafting the ordination of settlement of persons whose claims disputed Theres to completion litigation. Exceptionally, the court may make the giving of remedies for the settlement and settlement of that person subject to the provision of security.
The amount relating to the impugned claim will be settled in the court deposit.
If a person sentenced to a lawsuit within the time limit specified by him does not prove that the lawsuit has been initiated, it is considered that the claim is not disputed.
A judgment rendered in litigation on an impugned claim acts against the executing officer and all executing debtors.
The provision referred to in paragraph 4 of this Article does not deal with the rights of a person who has been sentenced to a lawsuit to bring a lawsuit against a person whose claim has been challenged, or against a person objected to by the claim, even after the completion of the proceedings.
At the suggestion of a person whose claim is disputed, the court may delay postponing the settlement and settlement of the claim to that person by providing security for the damage that the person might have suffered because of the delay in settlement. If a person who has challenged a search does not provide adequate security within the time limit set, it is considered that the claim is not disputed. A person whose claim has been denied is entitled to compensation for the loss suffered by him for unfounded dispute over the claim, if it was done solely for the sake of his or her disapproval in the execution and realization of his rights.
5. Specific rules for settling individual claims
Claims zalonog izvrnog creditor that has not matured to the days drafting the ordination of settlement, and for which no contractual interest, shall be paid after deduction of the amount corresponding to the legal interest , from the date of drafting the ordination of Settlement until the day of this search.
A default claim for which interest is contracted will be paid out together with the amount of contracted interest , calculated only until the settlement date of settlement.
Lack of casual retirement
Claims occasional incomes from fees incurred damages due to new damages health or impairment or loss of work ability and for lost izdravanja due to death of izdravanja , which are secured by mortgage, and are due after the date of drafting the re Settlement, settled on the express request of the executing creditor.
Claims referred to in paragraphs ava 1 . Of this Article shall be calculated according to the manner in which the personal service charge or the actual charge is calculated.
Potential under the condition
The amount of claims secured by law and depends on the conditions will be set off and settled in the court deposit and paid out when the outstanding condition arises or when it is certain that the termination clause will not be performed.
If Deferred condition does not occur or abrogation condition occurs, a separate amount is used for settlement turn the boilers to creditors whose claims are not fully or not uopte settled, and if such turn the boilers to the creditors no, or the entire amount Is not exhausted by their settlement, this amount or the rest , will be handed over to the exquisite duchess.
Prevention of the lawsuit and the initiation of a dispute
If the public j book inscribed predbeleba zalonog rights, a person in whose favor predbeleba entered the dock that is being taken in its justification, that it is not the time limit for initiating this process, demand The designation to which the designation refers relates to the way in which the search is made under a precondition.
Claims will for that is in the public record of the execution registration of starting the conflict to delete zalonog rights or zabeleba start slow and needs are met in a way that is settled claims under the termination condition.
6. Rociques for decomposition, settlement and cancellation of rights and freedoms
Roci te for deobu
After pravosnanosti ordination to surrender the real estate buyer , the court sets a hearing on the division of the amount obtained by selling.
At a hearing on it , in addition to the parties , refer the persons to the state of the file has and according to data from the public book are those of the right to be reimbursed from the amount of the sale . The invitation will be the faces warn that the claims izvrnog creditor who fails to appear at a hearing to take to the condition that stems from the public books and records, and that , at the latest at the hearing on the division , can gu second To dispute the existence of the search, its height and the order in which it is entitled to settle.
At a hearing to discuss the settlement turn the boilers to the creditors and other persons that set the requirements for settlement.
Responding to settlement
A settlement turn the boilers to the creditors and other persons who are those of the right to a settlement , the court decides after ordination odranog a hearing, taking into account the situation that arises in the file public records, as well as the state established on Rocio here.
When making the reprimand referred to in paragraph 1 of this Article, only those claims for which the execution order became legally, most important at the date of the deed.
If there are claims that the execution order is not legally valid, on the day of the deployment, these claims will be settled on the merits of the execution of the execution in the remaining amount of the sale If there is a price, and the remainder will return to the executive duo.
The complaint may be filed against the settlement.
Deleting rights and freedoms
By virtue of the validity of the remedies , the court will determine by decree that in the public register the rights and charges are entered in the public register, other than those who remain on the immovable property and after handing over the buyer to the immovable property or taken over by the buyer.
7. Special rules for the execution of immovable property not listed in the book
Execution of immovable property in areas where there is no public book
In the area for which a cadastre of immovable property is not in place or land registers have been established , ie there is no statutory register of immovable property rights , the legal rules applicable to documents submitted with a proposal for execution of the evidence About the right of ownership of the immovable property that is the subject of execution and the legal rules on another way of registering immovable property.
If it is not possible to obtain evidence of ownership of property in accordance with legal rules in that area, rather than evidence of ownership , the executing debtor is obliged to indicate in the proposal for execution the place where the immovable property is located, its name , The boundaries and the surface.
In the case referred to in paragraph 2 of this Article, the court shall execute the inventory of immovable property for which the execution is proposed and at the date of the summons to the list of executives, executives and persons whose immovable property is bound This immovable property.
The record on the list has the significance of enrollment and is published on the notice board of the court.
Immovable property not listed in the book
If in the area where they set up e public e books , inaction is not registered, Executive creditor with a proposal for of execution must submit documents based on which the moe izvriti enrollment.
Upon receipt of the request for the documents of execution on the basis of which moe izvriti entry , the court shall, without delay, the documents submitted to the court, authority or organization that keeps the register for entry, and suspend the procedure until the registration process is not around n Chan .
If the executing executive in the execution proposal as a subject of execution suggests a building or part of a building not listed in the public register , with a declaration that the enrollment can not be executed in the sense of paragraph 1 . And 2 . Of this Article, the court will allow the execution of immovable property in the executive property of the executing officer if the executing debtor furnishes or designates, as evidence of his property, a building permit permitting execution Dunik legs or, if g r ađevinska license not in the name izvrnog Dunik, documents on legal matters related stica him in ownership izvrnog Dunik.
At the proposal of the executing trustee, the court will oblige the executing officer or third party to submit the documents referred to in paragraph 3 . Of this Article, subject to a fine from Article 45 of this Law.
At the proposal of the executing magistrate, the court will oblige the competent authority to submit the documents referred to in paragraph 3 . Of this member.
When the court allow execution on real property that he can not enter into a public register , in accordance with paragraphs Ava 3 . Of this Article , in the conditions of public sale it will be specifically indicated that it is a property of a venerable nature, and instead of the notes, a list will be performed in the manner provided for in Article 152 , 3 . And 4 . Of this law.
Execution on claims IZVRNOG Dunik
1. Basic Rules
In order to decide on the proposal for execution on the monetary demand of the executing officer and for the execution of such execution, if the authority can not be established by applying Article 3 paragraph 2 . Of this Law, the competent court of the court in whose territory is the place of stay of the executing officer, and if the executing officer has no residence in the Republic of Serbia, the defendant is the court in whose area He is the domicile of a du’yan duo, and if he does not reside in the Republic of Serbia , the court in whose territory he is a relative of the du’yan’s du’a is competent.
To decide on proposal for execution on potraÃ important it izvrnog Dunik to transfer the property and for the implementation of execution of that meat is the competent court where things n and lying.
The provisions of paragraph 1 of this Article relating to residence and residence shall, as applicable, be applied to the headquarters of the legal person.
Exclusion from execution
Article 1 55 .
Excluded from execution:
1) Receipt based on legal aid, compensation for damage caused by health damage or impairment or loss of working ability and loss of survival due to death of the donor;
2) receiving compensation based on the physical injury in accordance with the regulations on disability insurance;
3) receiving social assistance;
4) receiving temporary unemployment;
5) receipt based on child addiction ;
6) receive on the basis of scholarship and assistance to students;
7) receiving soldiers and soldiers of military schools;
8) Fee for work convicted in the Criminal Sanitary Institute , except for claims based on legal aid, as well as for claiming damages caused by the criminal offense of the convicted person ;
9) other claims whose transfer is prohibited by law.
Limitation of Execution
Execution of earnings and retirement as well as earnings compensation may be made to the amount of two thirds of earnings, pensions or earnings compensation.
If execution is carried out at minimum earnings, execution may only be up to one-half of the execution .
The provisions of paragraph 1 of this Article shall also apply to the salary of officers, subfactors, military officers, as well as to the reception of persons in the spare part during military service.
Enforcement of war and non-combatant military disabilities based on disability, orthopedic supplement and disability allowance can only be carried out for claims based on legal aid, compensation for loss of health or impairment or loss Work ability and loss of survival due to death of the provider, up to the amount of one-half of that income.
The remuneration received on the basis of remuneration in the form of a cash allowance, which is to be paid on the basis of the rules of the law on obligations, the contract of life support, as well as on the basis of the contract on life insurance, may be executed Only to a share exceeding the amount of the maximum permanent social assistance payable in the area where the executing party has resided.
Limitation of execution in search of the surrender of things
If the pursuit of an outstanding duo is at the surrender of a thing, execution is possible in the extent to which it might be accomplished that the matter is in the hands of the executing duo and that enforcement rules are applied for settlement Money search on moving things.
Execution on search is carried out by searching for a loan and transferring the claim for billing or transfer rather than payment, unless otherwise provided by this law.
An execution proposition may be required to determine only the plenipotentiation of the claim, but in that case, the executing debtor is obliged that within 30 days from the day when the report was sent to him, Or from the day on which he has been served with the notice of the debtor of the executing officer, submit a proposal for settling or transferring the claim.
If the executing debtor does not submit such a proposal within the deadline, execution will be suspended.
2. Plenum of Potential
Prohibition of Filling and Disposal
By refusing to execute a court search, the court forbids the duo of the executing party to seek remedies to the defendant, and to the executing court to demand the payment or to dispose of it To the benefit of third parties or their companions (plenipotentiation).
For non-violation of the prohibition referred to in Article 159 of this Law, the court shall impose fines referred to in Article 45 of this Law.
The enforceable creditor acquires the right to claim by submitting a statement about the seizure of a claim to the executor.
The right to claim is also related to the interest earned by the collateral.
If a seized loan is secured by a pledge or a mortgage, the executing trustee obtains the position of a subordinate or a super-pecuniary executive creditor.
A pledge or acquisition of a claim claim that is secured by a mortgage or mortgage is entered in the appropriate register, in which the pledge or mortgage is entered.
The executing officer will hand over the manual pledge to the outstanding debtor if the pledgee agrees with it.
In the case referred to in paragraph 3 of this Article, if the executing duo refuses to submit the pledge to the executing debtor, the transfer of the state shall be effected in the manner in which the obligation to hand over movable things is performed in accordance with this law .
Guarantor seized claims remains the guarantor sequestrated demand -making provided Mr. pledged.
The debtors ‘debtors’ debt
A loyal creditor in whose favor the pursuit of seeking is long to do all the legal and factual actions necessary to safeguard claims and subsidiary rights.
For the sake of performing these actions, the executing debtor is responsible to the debtor.
Plenum in favor of several executives
If more turn the boilers to the creditors asks for execution on the same dunikovom claims, the order of priority Alone rights shall be determined by the date of receipt of the request for the court of execution.
If several proposals arrive at the court on the same day, the pledged rights have the same rank of championships , and the trustees, if they are unable to settle for the whole, make a fair amount.
Establishing the duel of the outstanding duo
The court shall, at the proposal of the executing trustee, request from the duel of the executing officer that within the time period specified by the court , declare whether the amount of confiscation is acknowledged and whether he is willing to As well as whether it is his obligation to remit this search subject to fulfillment of any other obligation.
The proposer of the debtor of the executing officer may conclude a proposal by the executing debtor or submit it with a special submission after that proposition, and most importantly until the commencement of settlement.
The settlement of the debtor of the executing officer shall be delivered to the executing debtor without delay.
3. Transfer and Settlement from Long-Term Claims
3.1. Op ta rules
At the proposal of the executing trustee, the court will issue a ruling on the transfer of the claim to the executing debtor.
If, at the suggestion of the executing debtor, a preliminary report was made on the confiscation order, the claim for transfer of claim may only be made once the confiscation order has become legally valid.
If the executing debtor has proposed that the debtor of the executing party be required to state the claim on which the execution is proposed, the court will issue a ruling on the transfer proposal three days after the expiration of On the day when the execution creditor was served with the statement on the appearance of the duel of the executing officer.
Special conditions for transfer of claims partially exempt from execution and confiscation of claims
A claim partially exempted from execution or already confiscated for the benefit of other persons is transferred after the executing debtor implements the judgment to deliver a court that is exempt from execution.
Special Conditions for Deliverable Potential
The transfer of money claims may be determined and carried out only in the amount required to settle the debtor’s claim.
If several executing executives simultaneously seek enforcement on the same indemnity demand, the transfer is determined in appropriate amounts, in particular for the benefit of each executing creditor.
Implementation of the transfer
Transfer claims carried out the when and the ordination m ordering the transfer of deliveries and Dunik izvrnog Dunik.
Obligations of an executive officer and an outstanding creditor
The acquirer is obliged that, within the time limit set by the court, at the request of the executing debtor to whom the claim has been transferred, the explanations required by the executing debtor in order to obtain such claim and To hand over the documents related to that search.
The enforceable creditor to whom the claim is transferred is long-lasting if the executing officer so requests that, within the time-limit set by the court, he decides to return the documents pertaining to the claim claims.
At the suggestion of the executing creditor, the court will execute the execution against the executing officer for the surrender of documents if he does not surrender them.
Surrenders of documents held by a third party may be demanded by an executing debtor if this right was exercised by a superior.
On a document handed over to the executing debtor, the court will note that the transfer of claims for which execution was made was carried out.
Claiming court proceedings
If, in respect of the transferred claim, in addition to the superior creditor, the other person stands out as a right, the length of the executing party may benefit all those persons from the court to the full amount of the claim or only to reach the court amount.
The enforceable creditor to whom the claim has been submitted in respect of which another person stands out, may be able to summon the court of the executing court through the court to pay the amount of the transferred claim to that court.
A handy search is transferred to an executable creditor, according to his suggestion, for billing or rather than payment.
3.2. Transfer of claims for collection
Authorization of the executing debtor
By transferring the claim for the billing, the executing debtor is authorized to request from the payee of the executing party the payment of the amount indicated in the transfer order, if that amount has been exceeded, to perform all The actions that are necessary for the preservation and realization of the transferred claim and to use the rights related to the pledge given to secure that claim as well as to address the soul of the executing officer in a manner that corresponds to the kind of justification .
By transferring the search for the billing, the executing debtor is not authorized to conclude settlement with the debtor of the executor, to forgive him or to relinquish his debts or to relinquish it in another way , The contractor of the executing party concludes that the decision on the merits of the claim, if it is disputable, is made by an arbitral tribunal .
To the creditor who has been charged for the billing , the debtor of the executing officer may file objections to the claimant as well as the objections he has against the executing debtor.
Submission of the transferred claim performed by the duo of the executing officer, after the transfer has no legal effect on the rights that the executing debtor has acquired by transfer.
Transfers for billing claimed in a public library
Transfers for the collection of subscriptions entered in the public register will be entered in the official duty.
Determining the obligation of the duel of the executing duo by giving of things
If the obligation of the duel of the executing officer to pay the claim depends on the obligation of the executing officer to hand him over to a certain thing in the state of the executing officer, and that obligation is established The court shall, upon the proposal of the executing debtor to whom the claim for payment has been transferred, decide that the executing duo shall hand over the matter to the court for the purpose of surrender to the duo of the executing officer.
At the proposal of the executing creditor, the court will execute the execution for the purpose of handing over to the executing duo who did not hand over the matter within a certain timeframe.
Obtaining an executable claimant for charging the transferred claim
A credible creditor who has filed a claim for the payment of the transferred claim is obliged to inform the executing officer of the initiated lawyer without delay, otherwise he or she shall be liable to the executing officer for the damage his team Missed.
Default payment for the transferred search
Invert the creditor who is not old to be the collection and the transferred claims, liable for damage that has thus suffered another reverse a creditor whose claims claims izvrnog Dunik prohibited or liable for It’s a great duo.
In such a case, the court may, at the suggestion of the other executable administrator, terminate the order of transfer of the claim to the negligent executable and transfer the claim to another executable creditor.
Settling an outstanding creditor
The ultimate creditor to whom the claim has been transferred for payment is settled in the amount at which the claim was charged.
Charging the amount through a creditor search
A credible creditor who has paid more than his claim from the transferred claim, it is desirable for the latter to sue the court.
The court will hand it over to other loser bankers and an executives if they are entitled to it.
For a creditor who has surrendered the amount of the sum paid, the court will return the surrender.
Transfer rather than payment
Amortization exceeds the transfer fee instead of the payment to the executing debtor up to the transferred amount, with the assignment of the claim for consideration.
If a claim is filed by a lawsuit entered in the public register, the court shall, upon official duty, convey the rights of the executing officer to the executing debtor and delete the default right entered in favor of execution Of the duchess.
The ultimate creditor to whom the claim has been transferred instead of the payment is deemed to be settled by the transfer itself, in the amount of that claim.
The provision of paragraph 3 of this Article does not deal with the rules on the liability of the executing officer for the truthfulness and completeness of the transferred claim.