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Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 39 No. 3-4, 2023.

Review article

https://doi.org/10.25234/pv/26610

THIRD PARTY CO-OWNERSHIP OF THE OBJECT OF ENFORCEMENT AS A RIGHT THAT (DOES NOT) PREVENT ENFORCEMENT

Stojana Petrović orcid id orcid.org/0000-0002-9507-8585 ; Faculty of Law, University of Banja Luka, Bulevar vojvode Stepe Stepanovića 77, 78000 Banja Luka, Bosnia and Herzegovina

Full text: bosnian pdf 199 Kb

page 219-241

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Abstract

When enforcement is determined on an object that is co-owned by the executor and a third party who is not the executor, domestic and comparative procedural theories identify (only) the concept according to which the co-ownership of the third party represents their exclusive right, starting from the fact that it is natural for a forced settlement enforcement requester to be carried out based on the value of the executor’s property. In addition to the above, two other models are identified in the paper using the normative- dogmatic and comparative law method – the right of co-ownership of the third party on the object of execution, which represents a conditional exclusive right, and their right which is not an exclusive right. The legal-value reach of the identified legal models is examined by analyzing the current domestic and foreign procedural theories, as well as the current domestic judicial practice, and by examining their compatibility with the convention standard of protection of the third party’s right to peaceful enjoyment of property. Since the laws of the entities of Bosnia and Herzegovina accept opposite models regarding this issue, the research aims to point out to the legislators in the entities of Bosnia and Herzegovina the importance of conceptual harmonization as soon as possible. It is concluded that from the identified legal models, the protection of the right to peaceful enjoyment of the property of a third party is provided (only) by the one that envisages the co-ownership of this person as his exclusive right, either on the movable or immovable thing on which enforcement is determined.

Keywords

third party co-ownership; the exclusive right of the third part; execution on real estate; execution on the movable property; the right to peaceful enjoyment of property

Hrčak ID:

312968

URI

https://hrcak.srce.hr/312968

Publication date:

29.12.2023.

Article data in other languages: bosnian

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