ОДЛУКЕ СУДА ПОВОДОМ ПРИГОВОРА ТРЕЋЕГ ЛИЦА
COURT RULINGS REGARDING THIRD-PARTY OBJECTIONS

Summary/Abstract: A third party who claims that they have a right to prevent enforcement proceedings, according to the rules of the enforcement procedure, has the possibility of using legal means to protect their rights. The most prominent legal remedy used by a third party is the objection of a third party. By declaring the objection before the executive court, the procedure for the protection of the threatened rights of the third party is initiated, and the executive court renders a decision regarding the objection. Rulings by the executive court regarding the objection of a third party can be seen as decisions by which the objection of a third party is accepted, but also as rulings by which the objection of a third party is rejected or dismissed. Depending on the ruling of the executive court, the third party is affected by certain legal consequences, and these same consequences can have their effect and influence the very course of the executive procedure, regarding which the third party has filed an objection. This paper will analyze the rulings that the executive court can make regarding the legal remedy – objection of a third party, the consequences and changes that affect the third party whose right is threatened, as well as the parties in the enforcement procedure, but also what is the nemesis of the enforcement procedure, depending on the executive court’s ruling. The analysis of the current judicial practice will be carried out, then, by comparing the theoretical positions and judicial practice of the home state and surrounding countries made on the objection of a third party.

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