Transfer and transfer of claim or obligation

Article 37

Execution shall also be determined on the proposal and in favor of the persons who are not identified as executing an offense in the execution document if they prove that the claim was transferred to him or that he was transferred to Another way is passed and, if that is not possible, the transfer or transfer of the search is proved by a judicial or final decision brought in a civil, administrative and prosecution procedure.

The provision of paragraph 1 . Of this Article shall also apply in the case of executions against persons who are not identified in the execution document as a perpetrator.

Conditional and Mutual Obligation

Article 38

Execution that depends on the fulfillment of an obligation of the executing creditor or from the occurrence of a condition shall be determined if the executing public creditor verifies that the obligation has been fulfilled or that the condition has been fulfilled.

Fulfillment of the obligation or performance of the conditions shall be proved by a final or final decision made in litigation, administrative or prosecution if the executing debtor is unable to prove it in the manner specified in paragraph 1 of this Article.

If the executing officer is obliged to execute the obligation upon completion of the obligation to fulfill the obligation at the same time, the court will determine the execution if the executing creditor submits evidence that he has fulfilled his obligation.

It is considered that the executing debtor has fulfilled his obligation under paragraph 3 of this Article if he or she has committed the matter to court or has acted in the appropriate manner in the same way.

A credible creditor who claims to have fulfilled his obligation must prove in the manner provided for in para . 1 and 2 of this Article.

Alternative obligation for the choice of the outstanding duo

Article 39

If the executing officer has the right to choose between several items of his / her obligation, the executing party is obliged to indicate in the proposal for execution the subject that the obligation should be fulfilled.

Optional authority of the executing officer

Article 40

The enforceable debtor to whom a non-monetary obligation is imposed, with the right to be free from payment of a certain amount specified in the execution document, may increase this amount until the executing debtor has He did not partially accept the fulfillment of the obligation.

Submissions and rots

Article 41

In court proceedings, the court acts on the basis of submissions and other written submissions.

The court shall hold a court hearing when it is determined by this law and if it considers that the termination of the marriage is wholly void.

The court shall hear the party and the participant in the proceedings if it is provided for by this law or finds it necessary to clarify individual questions or to express a proposition of a party.

The absence of one or both parties as well as the participants from the race or their failure to call a court hearing for the hearing does not prevent the court from continuing to do so.

Means and objects of execution

Article 42

Means of execution are actions which reverse a while according to the law claims forcibly realized.

The means of execution for the purpose of realizing the monetary claim are: the sale of movable property, the sale of immovable property, the transfer of money receivable, the transfer of claims for the surrender of movable property or immovable property, the payment of other property rights, the p rinos funds held in the account Banks, sales of shares and sales of shares in business entities.

Execution actions may be directly enforced against the executing officer and other persons in accordance with this Law.

Execution objects are things and rights that can be enforced by law for the purpose of obtaining claims.

Execution objects can not be things outside traffic, as well as other things that the law excludes.

Execution cases can not be tax-deductible and other public obligations.

Execution objects can not be objects, armaments, and equipment intended for defense and government security.

Whether a thing or a right may be the subject of execution, that is, whether execution is limited or limited, is evaluated in the light of the circumstances when submitting a proposal for execution, if this law Is not otherwise expressly defined.

Trojkovi postupka

Article 43

The executing executives are subject to the procedures for determining and executing the execution.

The ultimate creditor is obliged to pay the costs of execution within a time limit set by the court, which may not be shorter than 30 days or longer than 60 days. The court will suspend execution if the costs are not paid in the due time, without which execution can not be executed.

The costs of the proceedings initiated by official duty are settled by the court from its own resources.

The executive officer is obliged to make the outstanding creditor at his request to compensate for the costs that were needed for execution.

And the fierce debtor is obliged to make the executory duck upon his request to compensate for the costs of execution which he has undoubtedly caused.

The claim for reimbursement of costs may be filed most deprived within 30 days of the date of termination of the proceedings.

The court decides on the costs of the proceedings in the execution procedure, and in the procedure determines, at the proposal of the party, execution for their settlement .

warranty

Article 44

By virtue of this law, the inheritance is made up of cash or foreign currency.

Exceptionally , the court may , with the consent of the executing creditor , grant a guarantee in the form of bank guarantees, securities , preciousness whose value is easily identified on the market and can be quickly and easily copied.

In the case of an underlying cause, the opposing party acquires a legal right of recourse.

If the court to reverse a procedure to decide on the right of the other party to compensation for damages or troke proceedings in connection with the action for which the guarantee given, on its proposal would same ordination decide on the collection established by t r ABINA from this security.

Leave a Reply

Your email address will not be published. Required fields are marked *