REFORMA IZVRŠNOG POSTUPKA NA NEKRETNINAMA
REFORM OF THE ENFORCEMENT PROCEDURE ON IMMOVABLE PROPERTY
Author(s): Lejla HadžimahmutovićSubject(s): Civil Law, International Law, Human Rights and Humanitarian Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: Enforcement on immovable property; amendments and additions to the law; enforcement procedure; protection of debtor;
Summary/Abstract: The enforcement procedure is one of the weakest links in Bosnia and Herzegovina’s judiciary, due to which the work of the judiciary is considered particularly ineffective, and one of the biggest challenges is the inadequate legislative framework. For the above reason, the reform of the enforcement procedure is one of the most important areas in the process of implementing the reform of the legal system of BiH. The aim of this work is to discuss and analyze the novelties that need to be included in the Law on Enforcement Procedures with regard to enforcement procedure on immovable property, in order to ensure better efficiency of the procedure in this subject of enforcement, but also to harmonize the provisions of the Law with human rights guaranteed by the Constitution of BiH and European Convention for the Protection of Human Rights and Fundamental Freedoms. The first part presents the novelties proposed in the Draft Law on Amendments to the Law on Enforcement Procedure, which were critically reviewed. In the second part of the paper, the author made other proposals for supplementing the provisions in the enforcement procedure on immovable property, which had not been considered by the working group for drafting the Law on Amendments to the Law on Enforcement Procedure.
Journal: Anali Pravnog fakulteta Univerziteta u Zenici
- Issue Year: 16/2023
- Issue No: 33
- Page Range: 423-442
- Page Count: 20
- Language: Bosnian