ИЗВРШЕЊЕ НА НЕПОКРЕТНОСТИ КОЈА НИЈЕ УПИСАНА ЈЕР ЈЕ ЕВИДЕНЦИЈА УНИШТЕНА ИЛИ ОШТЕЋЕНА
Enforcement Against Real Estate That Is Not Registered Because the Records Have Been Destroyed or Damaged

Summary/Abstract: In both observed entities of Bosnia and Herzegovina, the Republika Srpska and the Federation of Bosnia and Herzegovina, there are areas where the existing real estate records have been destroyed or damaged, and their restoration will certainly be carried out. Since establishing real estate records is a lengthy process, legislators provide for special procedural rules when such real estate is proposed as an object of compulsory enforcement. In this way, legislators are trying to compensate enforcement creditors for the still-present irregular maintenance of public registers, or rather their non-existence in certain areas, and to enable carrying out compulsory enforcement against such real estate as well. This is especially true in situations where the enforcement debtor has no other object of enforcement that they could propose. The aim of this research is a normative-dogmatic analysis of the domestic legislative model for enforcement against real estate that is not entered in the public register because the register has been destroyed or damaged. The analysis of domestic and comparative procedural doctrine and the available, current domestic case law indicates that the special procedural rules applied in this situation in both entities of Bosnia and Herzegovina do not correspond to the interest of the enforcement creditor in the realization of efficient enforcement against such real estate. Given the observed weakening of the general principle of judicial management of the proceedings, a conclusion can be drawn about the excessive burden on the enforcement creditor, as well as the unjustified, overly conditional, and therefore rare judicial conduct of such real estate seizure inventory.

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