Дејство извршног поступка на закуп пословног простора
Effect of Executive Procedure on the Lease of Business Premises

Summary/Abstract: In this paper, the author investigates the legal viability of the solution in the Law on Enforcement Procedure, according to which the lease of business premises (business buildings, business premises, garages) ceases if it was not registered in the public registry before the acquisition of the lien. Bearing in mind that the tenant’s right becomes very specific after the business premises are handed over to him in possession, because at that time it no longer has the character of a binding claim, but rather a right of use, and especially bearing in mind the status of the tenant, which at that stage is provided for by both a special (Law on Lease of Business Buildings and Premises) and a general regulation (Law on Obligations), there is no doubt that all other legal texts, including the Law on Enforcement Procedure, had to respect the legal nature of this institute. This becomes especially important when we find such positive examples in neighboring legislations.

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