Realisation of pledge's rights in executive procedure in the Republic of Kosovo
| Author | Ekrem Salihu |
| Position | South East European University, Tetovo |
| Pages | 27-41 |
Vo
l.
6
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o
. 1
M
arch
,
2020
ISS
N 2410-391
8
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cces on
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ine at www.ii
p
cc
l
.or
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7
A
cademic Journal o
f
Business,
A
dministration, Law and Social Sciences
II
PCCL Publishin
g
, Graz-
A
ustria
Realisation of pled
g
e’s ri
g
hts in executive procedure in the Republic of
K
o
s
o
v
o
P
h
D
(
C.
)
E
k
rem Sa
l
i
hu
S
outh
E
ast
E
uropean
U
niversity, Tetov
o
Ab
str
a
ct
The functioning of any legal system cannot be imagined without enforcement proceedings.
The en
f
orcement procedure is a part o
f
all branches o
f
law.
A
ccording to the structure o
f
the
b
ranches of the law in which the lawsuit is fi led, there is civil law enforcement, criminal law
e
n
f
orcement, administrative law en
f
orcement, misdemeanor law en
f
orcement, etc. Filing a
civil enforcement lawsuit is the last opportunity o ered to the creditor in realizing of its rights.
E
nforcement occurs a er the debtor has failed to voluntarily fulfi ll his obligation.
A
er the
e
xecution is allowed, to the debtor is given an opportunity to voluntarily fulfi ll the obligation.
A
er the expiry of this deadline, the procedure should immediately proceed to the execution
phase, i.e. sequestration of property.
A
ny delay, from the requirement for voluntary compliance
up to the sequestration of property, will undermine the authority of the courts and private
b
aili
s and will result in the loss o
f
citizens’ con
fi
dence in their right
f
or e
ective protection.
The realization of the right of pledge in enforcement proceedings in the Republic of Kosovo is
regulated by Law no. 04 / L-139 On Enforcement Procedure, O cial Gaze e of the Republic o
f
K
osovo, No. 3
/
31 January 2013
.
K
e
y
words
:
E
xecution procedure, creditor, debtor, real estate enforcement, real estate
e
nforcement, valuation, sequestration, sale.
I
ntr
odu
ct
io
n
T
he
f
unctioning o
f
an
y
legal s
y
stem is unthinkable without an en
f
orcement
p
rocedure.
T
he en
f
orcement
p
rocedure is
p
art o
f
all branches o
f
justice.
A
ccording to the structure
o
f
the branches o
f
the justice, the
y
are com
p
rised o
f
the
f
ollowing: the civil law
e
n
f
orcement, the criminal law en
f
orcement, administrative law en
f
orcement, minor
o
ence law en
f
orcement, etc.
U
nlike the contested
p
rocedure which is com
p
rised o
f
a
set o
f
abstract rules, the en
f
orcement
p
rocedure contains rules which enable the
f
ul
fi
llment and securing o
f
certain categories o
f
claims
.
1
E
n
f
orcement
p
rocedural law
as
p
art o
f
civil
p
rocedural law includes the legal norms that regulate the structure
of
the
p
rocedure
f
or
f
orced en
f
orcement and the
p
rocedure
f
or securing claims, the
p
osition o
f
the
p
rocedural entities in these
p
roceedings, the
p
rocedural actions o
f
the
subjects and their
p
rocedural e
ect, as well as the
p
rocedural relationshi
p
s that are
c
reated between the
p
rocedural entities during the
f
orced en
f
orcement o
f
the rulings
e
x
p
ressed in
f
ul
fi
lling the obligation, as well as in securing claims.
2
Th
e
e
n
fo
rc
e
m
e
nt
p
rocedure is an executive
p
rocedure or an
p
rocedure
f
or
f
orced en
f
orcement o
f
d
ecisions made in the conjunction
p
roceedings.
I
n an en
f
orcement
p
roceeding the
1
Vladimir Crnjanski, izvrsnost javnobeleznickog zapisa, doktorska disertacija, Belegrade,2018, p.29.
2
Arsen Janevski&Tatjana Zoroska-Kamilovska, Civil Procedural Law - First Book - Contested Law, Skopje,
2009, p. 35
.
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