Sunday, December 09, 2018

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Glossary

REGISTER OF INJUNCTIONS is a public register containing data on provisional remedies issued before, during or after the court procedure, prohibiting the alienation and encumbrance of movable and immovable assets or real rights over real estate under the terms and conditions prescribed by law. It is a unique electronic database containing data entered in accordance with the Law on Enforcement and Security.

APPLICATION FOR REGISTRATION is a form containing data that are entered in the database of the Register of Injunctions.  The forms are posted on the website of the Business Registers Agency. In order to register a provisional remedy, a form has to be properly filled out and submitted, in accordance with the instructions provided in the form. Depending on whether the applicant wants to request data entry, strike off, or an excerpt from the Register’s database, he shall use one of the following forms:

    • Application for the registration of provisional remedy;
    • Application for the registration of amendments to data on a registered provisional remedy;
    • Application for the strike-off of a provisional remedy;
    • Application for the issuance of excerpts/certificates from the Register of Injunctions.

PROXY is a person authorized for representation. If an application for registration is submitted through a proxy, a power of attorney must be provided to show that this person is authorized to undertake legal actions in the Serbian Business Registers Agency. If the proxy is not an attorney at law, then the power of attorney must be by the court or other authority competent for the certification of signatures.

INTERESTED PARTY is a person who has a legal interest in having data entered in or stricken off the Register of Injunctions and who is neither the enforcement creditor nor the enforcement debtor. 

LEGAL GROUNDS FOR DATA ENTRY OR STRIKE OFF are the documents submitted along with the application, on the basis of which data are entered in or stricken-off from the Register (court decision – ruling imposing the provisional remedy, extending duration, amending or revoking the remedy, etc).

SZ. br. is the number under which the provisional remedy is filed in the Register of Injunctions (assigned by the Serbian Business Registers Agency).

EXCERPT FROM THE REGISTER is an official document (public document) of the Register of Injunctions containing data on a particular provisional remedy that is registered in the Register of Injunctions, or confirming that the Register contains no data on the court injunction prohibiting the alienation and encumbrance of movable and immovable assets or real rights over real estate (certificate).

PROVISIONAL REMEDY is the prohibition of taking certain actions or the order imposed upon a certain person to do something or refrain from doing something aiming at securing monetary or non-monetary claim of the enforcement creditor.

PROHIBITION OF ALIENATION AND ENCUMBERANCE is a temporary restriction on disposal of movable or immovable assets, i.e. real rights over real estate for the purpose of securing a monetary or non-monetary claim.

DURATION OF PROVISIONAL REMEDY is the time period set forth in the court decision as the time of effectiveness of a provisional remedy. The time of effectiveness of a provisional remedy may be extended provided no circumstances under which the remedy was imposed in the first place have changed.

ENFORCEMENT CREDITOR is the person whose claim is satisfied in the enforcement procedure. 

ENFORCEMENT DEBTOR is the person against whom a claim is satisfied in the enforcement procedure.

CLAIM is a right of the enforcement creditor to demand from the enforcement debtor payment, performance, abstention, or sufferance. A claim may be either monetary or non-monetary and refer to movable, immovable assets or rights.

  
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