Thursday, June 21, 2018

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Register of Injunctions

In accordance with the Law on Enforcement and Security (Official Gazette No. 106/15 and 106/16), the administration of the Register of Injunctions has been entrusted to the Serbian Business Registers Agency established pursuant to the Law on the Serbian Business Registers Agency (Official Gazette No. 55/04, 11/09 and 99/11).

The Register of Injunctions began operating within the Serbian Business Registers Agency on 17 September 2011. It is a unique, centralized, electronic database in which all registered data are kept in accordance with the Law on Enforcement and Security (Official Gazette, No. 106/15 and 106/16). It is a public register that contains data on provisional remedies adopted before or during a court procedure, or after its termination, forbidding the alienation or encumbrance of movable assets, real estate or real estate titles, under the terms and conditions prescribed by law. The register also records all amendments to the provisional remedies imposed.

The enforcement creditor is required to request, without delay, the registration of the provisional remedy prohibiting the alienation and encumbrance of movable assets, real estate and real estate titles of the enforcement debtor.

Registration has a declarative nature.

As of the moment of registration, any third parties are deemed to be aware of the injunction and no one can plead ignorance of the data entered in the Register of Injunctions. The buyer of a movable asset, which is subject to restriction of alienation or encumbrance that is not entered into the Register, is assumed a bona fide buyer, as well as the buyer of a real estate that is not registered in the real estate cadastre, if an injunction prohibiting its alienation or encumbrance is not entered in the Register.

The establishment of the Register of Injunctions as a unique, electronic database allows all interested parties quick and easy access to data on provisional remedies prohibiting alienation or encumbrance of movable property, real estate and real estate titles, which leads to greater legal security.

Relevant regulations available on the Agency’s webpage:

  • Law on Enforcement and Security (Official Gazette No. 106/15 and 106/16);
  • Law on the Procedure of Registration with the Serbian Business Registers Agency (Official Gazette No. 99/11 and 83/14);
  • Decision on fees for registration and other services provided by the Serbian Business Registers Agency (Official Gazette No. 119/13, 138/14, 45/15, 106/15, 32/16 and 60/16).

The following provisional remedies are recorded in the Register:

  • injunctions prohibiting the enforcement debtor from alienating and encumbering movable assets owned by him, in other words movable property title to which is claimed by a third party;
  • injunctions prohibiting the enforcement debtor from alienating and encumbering real estate or real estate titles, i.e. real estate title to which is claimed by a third party.
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