ПРЕКИД ИЗВРШНОГ ПОСТУПКА
INTERRUPTION OF THE EXECUTIVE PROCEDURE

Summary/Abstract: The interruption of the enforcement proceedings occurs against the will of the parties in the enforcement proceedings. Interruption of the proceedings leads to the suspension of executive activity. The subjects of enforcement proceedings, as a rule, may not take any action in the proceedings during the interruption. The interruption of the proceedings leads to the delay of the executive activity and its continuation in certain cases is questionable. In order to resolve this crisis situation, the legislator has created rules on a temporary representative whom the parties can appoint, in specific cases, after the decision to interrupt the procedure has been made. The appointment of a temporary representative is aimed at continuing and ending the initiated enforcement proceedings. The paper analyzes the interruption of enforcement proceedings, which is only fragmentarily regulated in the Law on Enforcement Proceedings. Incomplete regulations regarding this procedural institute result in different treatment of courts. Uneven case law in enforcement proceedings is particularly noticeable in the appointment of a temporary representative to the heirs of a party that has died after the initiation of enforcement proceedings. The paper deals with the analysis of the interruption of the enforcement procedure with special reference to the temporary representative and the question whether he can continue with the representation, after the decision on inheritance has been made, or the party on whose behalf he was appointed must take over the procedure. In court practice, it is not unknown that a party who has acquired the status of a claimant or executor must "take over" the procedure because it is overlooked by the rules governing succession in enforcement proceedings, if he wants the proceedings to continue.

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