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Enforcement law

Law firm Vaić & Dvorničić Ltd. > Enforcement law
29 September
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Disturbance of possession: short deadlines for enforcement and repeated interference

Posted by Savin Vaić
in Construction law, Enforcement law, Property law, Real estate law

In disputes concerning disturbance of possession, it is not enough merely to initiate proceedings in time and obtain a favourable court decision. The deadlines must also be observed after the decision becomes final and binding. If the opposing party does not voluntarily comply with an order requiring restoration of the previous state of possession, enforcement proceedings must be initiated. The Civil Procedure Act prescribes a very short deadline for doing so. Under Article 444 of the Civil Procedure Act (ZPP), the right to seek enforcement of an order requiring the performance of a specific act is lost if enforcement is...

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14 December
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Statute of Limitations

Posted by Admin
in Enforcement law

The statute of limitations is a legal concept that results in the loss of a creditor’s right to seek protection of their claim due to their inactivity over a period of time prescribed by law. In other words, limitation occurs when the creditor does not demand fulfilment of their claim from the debtor within the legally specified period. The Obligations Act stipulates that, once limitation occurs, the creditor loses the right to demand fulfillment of the obligation. In practical terms, when a claim becomes time-barred, the creditor can no longer initiate court proceedings—whether by filing a lawsuit or an enforcement proposal—to require...

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09 October
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Limitations on enforcement on real estate in Croatia

Posted by Admin
in Enforcement law

A review of the e-auctions register of real estate and movable property maintained by FINA shows that, in the Republic of Croatia, there are around 600–700 enforcement proceedings against real estate on a daily basis. A significant number of motions for enforcement against real estate are dismissed in the preliminary proceedings, as both individuals and entrepreneurs are often unaware of certain important limitations on enforcement against real estate. Special conditions for ordering enforcement against real estate (1) The court shall dismiss a motion for enforcement against real estate if the principal claim for which enforcement is sought does not exceed 5.300,00 EUR ,...

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21 November
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Blank debenture as a means of securing a claim

Posted by admin
in Commercial law, Contract law, Enforcement law
Blank promissory note as a means of securing a claim

Blank debentures are one of the instruments for securing monetary claims within the legal system of the Republic of Croatia. A blank debenture is a private document issued by the debtor and certified by a notary public, through which the debtor grants permission to the creditor to collect the owed amount in the event of a failure to fulfill obligations arising from the contractual relationship secured by the debenture. Blank debenture – specifics A blank debenture is a private document certified by a notary public through which the debtor consents to the seizure of all their bank accounts for the purpose of...

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10 July
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Enforcement – Real estate

Posted by admin
in Enforcement law, Property law, Real estate law

Real estate enforcement is a procedure in which a creditor requests the competent court to estimate and sell the debtor's real estate to satisfy their claims. According to the provisions of the Enforcement Act, which regulates the enforcement procedure in the Republic of Croatia, the subject of enforcement can only be real estate, determined by the rules governing ownership,other property law and land registry. If co-ownership (an ideal co-ownership part of the real estate) has beenestablished regarding the real estate, that part can independently be the subject of enforcement. The court determines the value of the real estate based of expert...

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21 November
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Mortgage as security for a claim

Posted by Vaic
in Enforcement law, Real estate law

A loan often enables larger investments such as buying a house or an apartment. Such loans are almost always secured by a mortgage on real estate. The mortgage also serves as security for another claim against the debtor. Croatian law recognizes only a mortgage on real estate as a lien right. The mortgage can be registered voluntarily, judicially, or as a lien right. Creation and registration of a mortgage The mortgage is established by entry in the land register. The establishment of a mortgage does not transfer ownership, and the creditor does not have the right to use the real estate burdened by...

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07 November
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The Croatian Finance Agency -Credit Assessment of Debtors in Germany and Croatia

Posted by admin
in Enforcement law

FINA is the abbreviation for Financijska agencija and is a state financial agency in Croatia. FINA is a government agency where commercial register information, business accounts, business results, and liens in the form of credit reports can be requested for a fee. The Finance Agency keeps a register of all accounts of business entities and individuals, but the balances on the accounts are not known to the Agency, only the existence of accounts. The Finance Agency also maintains a register of payment bases, arranged chronologically by date as well as the exact time of receipt. In the event of...

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