PART ONE
BASIC PROVISIONS

Scope of the Law
Meaning of Specific Terms
Initiating and Conducting Enforcement Proceedings and Security Proceedings
Competence for Effecting Enforcement
Formal Legality
In Rem Jurisdiction of Courts for Deciding on Enforcement or Security Motion
General Territorial Jurisdiction for Deciding on Enforcement or Security Motion
Territorial Jurisdiction if Enforcement or Security Motion Specifies Multiple Instruments or Objects of Enforcement or Security
Territorial Jurisdiction of the Court for Ruling during the Implementation of Enforcement
Territorial Jurisdiction of the Public Enforcement Officer
Prohibition of the Party’s Motion for Delegation of the Territorial Jurisdiction of the Court
Composition of the Court
Recusal of the Judge
Literacy and Orality Principle
Principle of Urgency and Deadlines
Ceased to be valid*
Ensuring Protection of the Right to a Trial within a Reasonable Time
Order of Proceedings and Settlement
Prohibition of Disposal of Enforcement or Security Object
Settlement of a Single Creditor by Application of Different Laws against Mortgaged Immovable Property
Settlement of Multiple Creditors by Application of Different Laws against Mortgaged Immovable Property
Enforcement against Property of a Foreign State
Decisions in Enforcement Proceedings and Security Proceedings
Legal Remedies in Enforcement Proceedings
Deadline for Appeal and Objection and Absence of Suspensive Effect of Appeal and Objection
Deleted*
Illicitness of Extraordinary Legal Remedies
Reinstatement
Suspension of Proceedings
Identification Information on Enforcement Debtor and Enforcement Creditor
Obligation to Provide Information
Limitations of Obligation to Provide Information
Costs of Proceedings
Deciding on Costs of Proceedings
Depositing Security
Service on the Enforcement Debtor
Competence for Service of Process and Direct Service on the Public Enforcement Officer
Fine for Contempt of Court, Public Enforcement Officer and Other Participant
Mutatis Mutandis Application of the Law Regulating Civil Proceedings

PART TWO
GENERAL RULES OF ENFORCEMENT PROCEEDINGS

Chapter One ENFORCEMENT TITLE AND CREDIBLE DOCUMENT
- 1. Grounds for Rendering the Writ of Execution
- 2. Enforcement Title Document
- 3. Credible Document
Chapter Two INSTRUMENTS AND OBJECTS OF ENFORCEMENT
- Instruments of Enforcement
- Enforcement Objects
- Principle of Proportionality
- Multiple Instruments and Objects of Enforcement
- Amending and Adding Instruments and Objects of Enforcement
Chapter Three ENFORCEMENT MOTION AND WRIT OF EXECUTION
- 1. Enforcement Motion
- 2. Writ of Execution Based on Enforcement Title or Credible Document
- 3. Ruling Having the Effect of the Writ of Execution
Chapter Four APPEAL
- 1. Appeal against the Decision Rendered upon the Motion for Enforcement based on Enforcement Title Document
- 2. Appeal of the Enforcement Debtor against the Writ of Execution
- 3. Appeal against Other Court Rulings and Public Enforcement Officers’ Decisions
- 4. Objection in Deliberation Proceedings on Motion for Enforcement Based on the Credible Document*
  - а) Basic Provisions on Objection*
  - b) Objection and Appeal of Enforcement Debtor
  - c) Contesting the Writ of Execution Based on Credible Document only in Part Compelling the Enforcement Debtor to Settle the Monetary Claim
- 5. Third Party Objection
Chapter Five COUNTER-ENFORCEMENT
- Motion for Counter-enforcement
- Competent Court
- Reasons for Counter-enforcement
- Procedure on Motion for Counter-enforcement
- Contents of Ruling on Adoption of Motion for Counter-enforcement and Appeal
- Impossibility of Counter-enforcement
- Mutatis Mutandis Application to Third Parties
Chapter Six ADJOURNMENT OF ENFORCEMENT
- Adjournment upon Enforcement Creditor’s Motion
- Agreement of the Parties on Adjournment
- Adjournment of Enforcement upon Enforcement Debtor’s Motion
- Adjournment upon the Motion of a Third Party
- Period for Deciding and Objection
- Effects of Enforcement Adjournment
- Enforcement Adjournment Period
- Continuation of Adjourned Enforcement
Chapter Seven COMPLETION OF ENFORCEMENT PROCEEDINGS
- Manners of Finalizing Enforcement Proceedings
- Discontinuation of Enforcement Proceedings
- Closure of Enforcement Proceedings
Chapter Eight FINES
- Levying Fines
- Replacing Fine with Imprisonment
Chapter Nine IMPLEMENTATION OF ENFORCEMENT
- Commencement of Enforcement Implementation
- Limits of Enforcement
- Satisfaction of Enforcement Creditor Prior to Finality of Writ of Execution Based on Enforcement Title Document
- Implementation of Enforcement by Public Enforcement Officer and Court
- Mediation Duties of Public Enforcement Officer
- Relationship of Enforcement Creditor and Pubic Enforcement Officer
- Replacement of Public Enforcement Officer
- Impediment of Public Enforcement Officer to Continue Enforcement
- Period of Implementation of Enforcement
- Procedure for Implementation of Enforcement
- Request for Police Assistance
- Police Actions upon Request for Assistance
- Posting a Wanted Circular for Enforcement Debtor
- Posting the Announcement
- Costs of Providing Police Assistance and Taking Police Actions
- Irregularities in Implementation of Enforcement
- Merits of Request for Elimination of Irregularities
- Voluntary Settlement of a Monetary Claim Prior to Initiating Enforcement Procedure*

PART THREE
ENFORCEMENT FOR SETTLEMENT OF MONETARY CLAIM

Chapter One ENFORCEMENT ON IMMOVABLE PROPERTY
- 1. General Rules
- 2. Sale of Immovable Property
  - а) Method of Sale of Immovable Property
  - b) Sale of Immovable Property by Public Auction
  - c) Sale of Immovable Property by Direct Agreement
  - d) Settlement by Transfer of Ownership Right over Immovable Property
  - e) Other Provisions on Sale of Immovable Property
- 3. Settlement
- 4. Special Provisions on Settlement of Specific Claims
- 5. Special Provisions on Enforcement Proceedings on Immovable Property that is not entered into the Cadastre of Immovable Property
- 6. Special Provisions on Joint Sale of Immovable Properties and Movable Assets
Chapter Two ENFORCEMENT ON MOVABLE ASSETS
- 1. General Rules
- 2. Inventory and Appraisal of Movable Assets
- 3. Sale of Movable Assets
  - а) Methods of Sale of Items and Conclusion on Sale of Items
  - b) Sale by Public Auction
  - c) Enforcement Creditor’s Right of Choice after Unsuccessful Second Public Auction
  - d) Sale of Item by Direct Agreement
  - e) Settlement by Transfer of Ownership Right over Item
  - f) Other Provisions on Sale of Movable Assets
- 4. Settlement
Chapter Three ENFORCEMENT ON ENFORCEMENT DEBTOR’S MONETARY CLAIMS
- 1. General Rules
- 2. Attachment of Enforcement Debtor’s Claims and Acquiring the Right of Pledge
- 3. Transfer of Monetary Claim of Enforcement Debtor
  - а) General Rules
  - b) Transfer of Monetary Claim for Collection
  - c) Transfer of Monetary Claim in Lieu of Fulfilment
Chapter Four ENFORCEMENT AGAINST WAGES AND OTHER PERMANENT MONETARY INCOME
- Application of Provisions. Concept of Wages
- Writ of Execution
- Increase of Wages
- Satisfaction of Enforcement Creditors of Statutory Maintenance and Annuity
- Priority Settlement of Statutory Maintenance and Annuity Claims
- Place of Payment
- Change of Employer
- Liability of Employer for Failure to Pay Matured Instalments
- Liability of Employer for Enforcement Creditor’s Damages
- Attachment with Consent of Enforcement Debtor (Administrative Order)
- Other Permanent Monetary Income of Enforcement Debtor
Chapter Five ENFORCEMENT ON MONETARY FUNDS ON THE ACCOUNT OF ENFORCEMENT DEBTOR
- Extent of Enforcement against Bank Account of Enforcement Debtor
- Additional Contents of Motion for Enforcement
- Writ of Execution
- Collection of Future Periodic Payments
- Temporary Suspension of Enforcement
- Implementation of Enforcement against Joint Debtors
- Suspension of Enforcement Proceedings
- Returning the Writ of Execution
Chapter Six ENFORCEMENT AGAINST SAVINGS DEPOSIT
- Enforcement Actions
- Additional Contents of Motion for Enforcement
- Attachment of Funds and Settlement
Chapter Seven ENFORCEMENT AGAINST FUNDS ON ENFORCEMENT DEBTOR’S CHECKING ACCOUNT
Chapter Eight ENFORCEMENT OF MONETARY CLAIMS AGAINST FINANCIAL INSTRUMENTS, STAKES IN COMPANIES, AND SECURITIES
- 1. Enforcement of Monetary Claims against Financial Instruments
- 2. Enforcement on Company's Stakes
- 3. Enforcement on Securities
Chapter Eight a* SUMMARY ENFORCEMENT PROCEEDINGS*
Chapter Nine ENFORCEMENT OF CLAIMS OF ENFORCEMENT DEBTOR BY SURRENDERING IMMOVABLE PROPERTY OR SURRENDERING OR DELIVERING MOVABLE ASSETS
- 1. General Provisions
- 2. Movable Assets
- 3. Immovable Property
Chapter Nine a* CASHING OF OTHER PROPERTY RIGHTS OF THE ENFORCEMENT DEBTOR*

PART FOUR
ENFORCEMENT WITH THE AIM OF REALIZING NON-MONETARY CLAIMS

Chapter One COURT PENALTIES
- Territorial Jurisdiction
- Ruling on Levy of Court Penalties
Chapter Two SURRENDER OF MOVABLE ASSETS
- 1. Territorial Jurisdiction
- 2. Surrender of Individually Identified Movable Assets
- 3. Delivery of Replaceable Assets
Chapter Three VACATING AND SURRENDER OF IMMOVABLE PROPERTY
- Territorial Jurisdiction
- Enforcement Actions
- Effecting Enforcement
- Removal of Movable Assets
- Sale of Movable Assets
- Enforcement for Collection of Costs of Enforcement Creditor
Chapter Four ENFORCEMENT OF ACTION, OMISSION OR SUFFERANCE
- Territorial Jurisdiction
- Action that May be Performed by Another Party
- Advance on Costs of Action
- Final Costs of Action Which May be Performed by Another Party
- Action that May be Performed Only by Enforcement Debtor
- Omission and Sufferance
- Enforcement for Reinstatement
- Repeated Trespassing
- Right to Compensation for Damages
Chapter Five ENFORCEMENT OF RULINGS PERTAINING TO FAMILY RELATIONS
- 1. Surrender of Child
- 2. Enforcement for the Purpose of Maintaining Personal Relations with Child
- 3. Enforcement for the Purpose of Protection against Domestic Violence, Protection of the Child’s Rights and Other Decisions Pertaining to Family Relations
Chapter Six ENFORCEMENT FOR REINSTATEMENT OF EMPLOYEE TO WORK
- Territorial Jurisdiction
- Deadline for Filing the Motion for Enforcement
- Manner of Enforcement
- Compensation of Lost Wages in Case of Return of the Employee to Work
- Possibility of a Litigation Procedure
Chapter Seven ENFORCEMENT OF RULING ON DISTRIBUTION OF JOINTLY OWNED ASSETS
- Territorial Jurisdiction
- Physical Distribution
- Distribution by Sale of Assets
- Expenses of Enforcement Proceedings
Chapter Eight OBTAINING STATEMENT OF WILL
- Unconditional Claim
- Conditional Claim

PART FIVE
COLLECTION OF MONETARY CLAIMS STEMMING FROM UTILITY AND RELATED ACTIVITIES

1. Basic Provisions
2. Objection of Enforcement Debtor
- a) Basic Provisions
- Title of subsection b) is deleted*
- Title of subsection c) is deleted*
- Title of subsection d) is deleted*

PART SIX
SECURUITY

Chapter One GENERAL RULES
- Instruments of Security
- Motion for Security
- Motion for Security by Preliminary and Interim Measures
- Multiple Preliminary and Interim Measures
- Deciding on Motion for Security
- Exclusive Competence of the Court for Issuing Rulings and Conclusions on Depositing a Security
- Contents of Rulings on Security
- Submission of Ruling on Preliminary and Interim Measures
- Effect and Enforcement of Ruling on Security
- Appeal and Objection in Security Proceedings
- Special Processing Rules on Security Proceedings
- Illicitness of Security
- Mutatis Mutandis Application
Chapter Two RIGHT OF PLEDGE ON IMMOVABLE PROPERTY AND MOVABLE ASSETS BY AGREEMENT OF PARTIES
- Territorial Jurisdiction
- Motion for Security
- Sitting and Agreement of Parties
- Mutatis Mutandis Application
Chapter Three RIGHT OF PLEDGE ON IMMOVABLE PROPERTY AND MOVABLE ASSETS BASED ON MONETARY CLAIM FROM ENFORCEMENT TITLE DOCUMENT
- 1. Instituting Right of Pledge on Immovable Property
- 2. Institution of Right of Pledge on Movable Assets by Entry into the Pledge Register
Chapter Four PRELIMINARY MEASURES
- Territorial Jurisdiction
- Requirements for Imposing a Preliminary Measure
- Presumed Risk to Claim
- A Preliminary Measure for Securing Instalments Which Have not Matured
- Contents of a Ruling on Preliminary Measure. Duration of Preliminary Measure
- Extension of Duration of a Preliminary Measure
- Removal of a Preliminary Measure
- Types of Preliminary Measures
- Sale of Deposited Movable Assets and Transfer of Claims of Enforcement Debtor
Chapter Five INTERIM MEASURES
- 1. General Provisions
- 2. Types of Interim Measures for Securing Monetary Claims
- 3. Types of Interim Measures for Securing Non-Monetary Claims
Chapter Six COURT BAN REGISTRY
- 1. Basic Provisions
- 2. Registration Procedure
- 3. Effect of Registration in the Registry on Third Parties

PART SEVEN
PUBLIC ENFORCEMENT OFFICERS

Chapter One GENERAL PROVISIONS
- 1. Fundamentals of Status of Public Enforcement Officers
- 2. Commencement of Office of the Public Enforcement Officer
- 3. Termination of Public Enforcement Officer’s Activity
- 4. Incapacity of a Public Enforcement Officer to Perform Activities and Interim Deputy of a Public Enforcement Officer
Chapter Two POWERS AND DUTIES OF PUBLIC ENFORCEMENT OFFICERS
- Most Important Powers of Enforcement Officers
- Adherence to Law and Court Rulings and Keeping of Business Secret
- Reasons for a Recusal of Public Enforcement Officer
- Incompatibility
- Obligation of Adherence to the Ethical Code of Public Enforcement Officers and the Standards of Professional Conduct of Public Enforcement Officers
- Liability for Damage
- Obligation of Professional Development of Public Enforcement Officers and Initial Training
- Public Enforcement Officer’s Accounts
- Obligation of Reporting on Property
- Annual and Regular* Report on Operations of a Public Enforcement Officer
- Obligation of Recordkeeping Requirements on Enforcement and Security Proceedings and Financial Operations
- Paying the Membership Fee to the Chamber
Chapter Three DEPUTY AND ASSISTANT PUBLIC ENFORCEMENT OFFICERS
- Deputy Public Enforcement Officer
- Accountability of the Public Enforcement Officer and the Deputy
- Appointment of a Deputy Public Enforcement Officer
- Mutatis Mutandis Application of Provisions on Public Enforcement Officer
- Assistant Public Enforcement Officer
Chapter Four REGISTRY OF PUBLIC ENFORCEMENT OFFICERS AND DEPUTY PUBLIC ENFORCEMENT OFFICERS; REGISTRY OF PUBLIC ENFORCEMENT OFFICER PARTNERSHIPS
- Registry of Public Enforcement Officers and Deputy Public Enforcement Officers
- Registry of Partnerships
- Amendment to Data
Chapter Five CHAMBER OF PUBLIC ENFORCEMENT OFFICERS
- Term
- Chamber’s Scope of Work
- Chamber Operating Funds
- Chamber Bodies
- Chamber Assembly
- Executive Board of the Chamber
- Supervisory Board of the Chamber
- President of the Chamber
- Articles of Association and Other Regulations and General Acts of the Chamber
- Supervision of Chamber's Operation
Chapter Six SUPERVISION OF THE ACTIVITIES OF PUBLIC ENFORCEMENT OFFICERS
- Ministry's Supervision of the Activities of Public Enforcement Officers
- Supervision of Public Enforcement Officers’ Operation by Chamber
Chapter Seven DISCIPLINARY ACCOUNTABILITY OF PUBLIC ENFORCEMENT OFFICERS
- 1. Disciplinary Accountability and Disciplinary Infractions
- 2. Disciplinary Measures
- 3. Disciplinary Prosecutor of the Chamber
- 4. Disciplinary Committee
- 5. Disciplinary Proceedings
- 6. Statute of Limitations
- 7. Enforcement of Fine
- 8. Deleting the Imposed Measure from the Records

PART EIGHT
TRANSITIONAL AND FINAL PROVISIONS

Initiated Proceedings
Repeal of the First Instance Decision upon Entry into Force of This Law
Statement of Enforcement Creditors
Continuing the Work of a Public Enforcement Officer and Deputy Enforcement Officer. Taking the Bar Examination
Deadline for Adoption of Regulations
Termination of Effect of the Previous Law
Entry into Force of This Law

ARTICLES NOT INCLUDED IN THE FINAL TEXT (Službeni glasnik RS, No. 54/2019-3)
Law on Amendments and Additions to the Law on Enforcement and Security

Legal Acts in English

Legal Acts in English

Newsletter