IMMOVABLE PROPERTY SEIZURE INVENTORY IN ENFORCEMENT PROCEEDINGS

Abstract

The application of the institution of immovable property seizure inventory in enforcement proceedings in the laws of the entities of Bosnia and Herzegovina is envisaged in a situation when the immovable property subject to enforcement is not registered in the public records, and the registration cannot be carried out in accordance with the law. An analysis of available domestic case law, normative-dogmatic, current doctrinal, and comparative legal considerations of this procedural institution point to the problem of inadequate regulation of the conditions for conducting an immovable property seizure inventory in domestic law. As a result, domestic courts never, or very rarely, find that the condition for its application has been met in practice, which results in the suspension of enforcement and leaving the judgement creditor unsatisfied. Based on the research presented in this paper, it is concluded that the successful implementation of enforcement on such real estate would be significantly contributed to by legislatively expanding the scope of application of the seizure inventory of immovable property of judgement debtor, not only to situations when public records of immovables have never existed in a specific area and it is not known whether they will be established, and when existing records have been destroyed or damaged and it is not known when they will be restored, but also to situations when records exist but the right of judgement debtor has not been registered solely due to his negligence and judgement creditor cannot obtain a titulus for registration.