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Law on Enforcement Procedure Srbija

Law on Enforcement Procedure Srbija

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Published by: hnusco on Jul 07, 2011
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10/22/2013

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(1) If the action determined in the executive title may be performed only by the
enforcement debtor, the court shall in the decision on enforcement set a time period
for the enforcement debtor to perform the obligation and shall concurrently set a fine
referred to in Article 45 of this Law in the event he fails to comply.

(2) Upon expiration of the set time period, if the enforcement debtor has not
performed the obligation, the court shall ex officio enforce the order on the fine.

(3) Concurrently, the court shall set another time limit for fulfillment of the
obligation and set a new fine higher in amount than the one already enforced, to be
paid in the event that he fails to comply within the new deadline.

Unofficial Translation March 11, 2005 – USAID – CCASA Project Not intended for legal advice

Unofficial Translation March 11, 2005 – USAID – CCASA Project Not intended for legal advice

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(4) The court shall continue setting new fines and threaten penalty of new fines,
setting new deadlines for fulfillment of the obligation, until the total sum of the fines
reaches ten times the amount of the first fine.

(5) The enforcement debtor who performs his obligation within a time period set by
the court shall, without delay, so inform the court and submit credible relevant
evidence of performance. Credible evidence shall be an attested written statement of
the enforcement creditor that the action was performed, a court official’s record of
performance, or findings and opinion of a court expert witness stating that action has
been performed.

(6) If an action that may be performed only by the enforcement debtor does not
depend solely on his will (e.g., creation of a work of art or the like), the enforcement
creditor shall not be entitled to request enforcement referred to in paragraph (1) of
this Article and may instead only request compensation for damages.

Refraining from Action and Suffering Action

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