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Zbornik Pravnog fakulteta u Zagrebu, Vol. 68 No. 5-6, 2018.

Original scientific paper

Dejudicialisation of the Enforcement Procedure in Croatia and Some Neighbouring Countries

Aleksandra Maganić orcid id orcid.org/0000-0003-1941-429X ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Full text: croatian pdf 399 Kb

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Abstract

Dejudicialisation in the enforcement procedure is carried out by transferring judicial powers to persons or bodies authorized to take certain actions in determining or ordering enforcement. In different legal systems this process may take a completely different course. As the central aim of the research presented in this article, a comparison of the process of dejudicialisation in the Croatian Enforcement Act with the processes of dejudicialisation in some neighbouring countries, points to certain differences and similarities in terms of the results achieved. Unlike Croatia, which has not accepted the privatisation of enforcement by means of an enforcement service organisation, Macedonia, Serbia and Montenegro have already achieved relatively good results by introducing public enforcement agents. Since a working group has been set up in Croatia with the task to adopt a new enforcement act, it might be important to know in which direction enforcement in Croatia de lege ferenda will develop. In this context, we hope that the topic of this article dealing primarily with dejudicialisation of the Croatian Enforcement Act, initiated by the transfer of enforcement to public notaries on the basis of a trustworthy document, then by the transfer of enforcement of pecuniary claims and the organisation of electronic public auction by the Croatian Financial Agency (FINA), as well as the transfer of powers to the Croatian National Television (HRT) for issuing broadcast licence fee payment orders will contribute to the selection of an appropriate enforcement model that will render enforcement effective and protect the citizens from incurring increased costs of enforcement.

Keywords

dejudicialisation; enforcement; public notary; FINA; HRT; enforcement agents

Hrčak ID:

216252

URI

https://hrcak.srce.hr/216252

Publication date:

31.12.2018.

Article data in other languages: croatian

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