ISSN 1452-6662
Više od 180 osnovnih i prečišćenih tekstova propisa Republike Srbije prevedenih na engleski jezik.
Grupa: RULE OF LAW (individual rights and law enforcement)
Izdanje: LAW ON ENFORCEMENT AND SECURITY
Published in the Službeni glasnik RS, Nos. 106/15 of 21 December 2015, 106/16 of 28 December 2016 (Authentic Interpretation), 113/17 of 17 December 2017 (Authentic Interpretation), 54/19 of 26 July 2019 and 9/20 of 4 February 2020 (Authentic Interpretation)
Sekcija: PART ONE
BASIC PROVISIONS

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  Novi korisnik
 
  • Scope of the Law
    • Article 1

      This Law shall regulate the procedure of compulsory collection of creditors' claims by courts and public enforcement officers based on enforcement title and credible documents (enforcement proceedings), the procedure for securing claims and the status of public enforcement officers.

  • Meaning of Specific Terms
    • Article 2

      The terms used herein shall have the following meaning:

      1) "Claim" shall mean the right of an enforcement creditor to request from an enforcement debtor a certain consideration, acting, omission, or sufferance;

      2) "Enforcement creditor" shall mean a person whose claim is satisfied in an enforcement proceedings, or secured in a security proceedings;

      3) "Enforcement debtor" shall mean a person from whom a claim is collected in an enforcement proceedings or secured in a security proceedings;

      4) "Party" shall mean an enforcement creditor or an enforcement debtor;

      5) "Participant" shall mean persons who, while not being a party to the proceedings, realize their own rights or legal interests in enforcement proceedings or security proceedings;

      6) "Third party" shall mean a participant claiming to have a right with respect to the object of enforcement that prevents enforcement;

      7) "Writ of execution" shall mean a court or a public enforcement officer's decision to adopt the motion for enforcement based on an enforcement title or a credible document;

      8) Deleted

      9) "Enforced collection organization" shall mean a special organizational unit of the National Bank of Serbia that acts upon a court or public enforcement officer's order;

      10) "Securities" shall mean a written instrument by which its issuer undertakes to fulfil the obligation inscribed on the instrument to its rightful owner;

      11) "Financial instruments" shall mean securities, money market instruments and other financial instruments in dematerialized form defined by the law governing the capital market and registered with the Central Securities Depository and Clearing House (hereinafter: Central Securities Depository);

      12) "Authorized participant in the capital markets" shall mean an investment company (broker-dealer companies and authorized banks) according to the law regulating the capital market, licensed by the Securities Commission to perform investment services and activities. 

  • Initiating and Conducting Enforcement Proceedings and Security Proceedings
    • Article 3

      Enforcement proceedings and security proceedings shall be initiated by an enforcement creditor filing an enforcement motion based on enforcement title or credible document or a security motion, and ex officio when so provided for by the Law.

      Decision on the enforcement motion based on enforcement title or credible document and the security motion shall be rendered by the court.

      Decision on the enforcement motion based on an enforcement title or a credible document for settling monetary claims arising from utility services and related activities shall be rendered by a public enforcement officer.

      The public enforcement officer shall decide on the enforcement motion for settling a monetary claim towards an enforcement debtor referred to in Article 300, paragraphs 2-4 of this Law.

      The enforcement shall be entering into force once the writ of execution or security is rendered.