ПРОТИВИЗВРШЕЊЕ
COUNTER-EXECUTION
Author(s): Gordana StankovićSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Нишу
Keywords: Executive Court Procedure; Execution Proceedings; Legal Means; Counterexecution; Proposal for Counterexecution; Counter- execution Proceedings
Summary/Abstract: The author of this paper analyses the institution of counterexecution the purpose of which is to eliminate or reduce the consequences of illegally or unnecessary carried out execution proceedings when the creditor has been proved to have no right to request execution because the executive deb¬tor has volunarilly fulfilled his obligation or the need for the forced execu¬tion has in the meantime ceased exist.Counterexecution; as an institution which enables; in a new execu¬tive proceedings; the creditor to be deprived of something that he has recei¬ved without any grounds in the carried out proceedings in favour of the executive debtor; is accomplished in a particular proceedings initiated by the proposal for counterexecution which is; in its legal nature; a specific le¬gal means of the civilian executive procedure.
Journal: Зборник радова Правног факултета у Нишу
- Issue Year: XL/2000
- Issue No: 40-41
- Page Range: 18-27
- Page Count: 10
- Language: Serbian