THE PROCEDURE FOR RECEIVING A STATEMENT CONCERNING THE PROPERTY OF THE DEBTOR

Abstract

In the procedure of enforcement and security, as a separate
civil judicial procedure, the acts are performed with the aim of a final
realization or security of the claims of the enforcement creditor. In a
situation when it is necessary to use coercion in order to realize the
claims of the enforcement creditor which have already been
determined by a judicial decision, the enforcement procedure is
carried out.
This procedure is the last phase of the process of
providing legal protection. It is performed in accordance with the
principles of emergency and efficacy, so that within a reasonable time,
as soon as possible, the determined subjective rights are realized by
applying the means of execution regulated by law.
The rules to be acted in accordance with in the procedure of
enforcement and security are determined by Law on Enforcement and
Security of the Republic of Serbia
brought in 2011. This law
introduced a reform of the executive procedures. Law on Enforcement
and Security, as well as the previous laws in this field introduced
numerous innovations in the procedure for enforcement and security.
These innovations form the subject of critical analysis of the academic
and professional public. Referring to the realization of the basic
principles of the procedure of enforcement and security, the legislator
has eliminated certain regulations existing in the previous law. Some
of the regulations have been changed by the legislator, while some of
them have been complemented. Certain rules applied in this civil
judicial procedure result from the efforts to introduce substantially
new institutes in the procedure of enforcement and security