Original scientific paper
https://doi.org/10.3935/zpfz.71.34.01
Possibilities of the Abuse of Procedural Rights in the Enforcement Procedure for the Sale of Real Estate in the Law of Bosnia and Herzegovina
Meliha Povlakić
; Faculty of Law, University of Sarajevo, Sarajevo, Bosnia and Hercegovina
Tahir Herenda
orcid.org/0000-0001-7631-6827
; Faculty of Law, University of Sarajevo, Sarajevo, Bosnia and Hercegovina
Nasir Muftić
; Faculty of Law, University of Sarajevo, Sarajevo, Bosnia and Hercegovina
Abstract
The primary goal of the reformed enforcement law in Bosnia and Herzegovina (B&H) is efficient compensation. However, many impediments exist. In this paper, the authors present some of the problems and potential abuses of procedural rights in the enforcement law of B&H. Two instances of abuse of rights regarding real estate are presented, which can open the doorway to other abuses, as well. Also, the abuse of procedural rights in the enforcement procedure is seen as underexplored in legislation, doctrine and case law. The paper addresses similarities and differences between the entities’ and the Brcko District legal systems regarding the presented abuses, as well as comparative law. It is focused on the analysis of legislation and the interpretation thereof in light of recent case law in B&H and problems arising from it. The identified problems often prevent the goal of the enforcement procedure from being fulfilled. The paper has two parts, each dealing with one instance of abuse. The first part concerns the engineering of the most favourable offer in the bidding. The second part concerns the problem of a fictional offer to purchase real estate in the bidding and the character of the deposit. The paper provides suggestions for amending legislation based on some good legal solutions in the region.
Keywords
enforcement procedure; abuse of rights; civil procedural law; public bidding; real estate enforcement
Hrčak ID:
266100
URI
Publication date:
15.11.2021.
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