Means of enforcement include enforcement actions or a system of such actions required, according to the law, to forcibly collect the claim. The means of enforcement are a set of enforcement actions taken in the enforcement procedure in order to carry out a specific enforcement, i.e., to enforce the collection of the judgment creditor’s claim. The subject of enforcement is the object of the enforcement action or a sequence thereof. These include all things and rights that, according to the rules of the enforcement procedure, are subject to enforcement in order to collect the claim. The object of the judgment debtor’s liability must be clearly defined or identifiable and must not be contrary to coercive regulations.
It is not uncommon for a judgment creditor to resort to enforcement over shareholdings and other registered securities or over ownership interests in a legal entity.
For shareholdings, enforcement is conducted by confiscating the shareholding, followed by its valuation, sale, and settlement of the judgment creditor’s claim. Exceptionally, at the judgment creditor’s request and with the judgment debtor’s consent, the shareholding may be transferred to the judgment creditor in its nominal value in lieu of payment.
In a case where this office represented the judgment creditor in the court proceeding Debt collection in Bosnia and Herzegovina (Inkasso in Bosnien und Herzegowina) – enforcement over ownership interest in a legal entity – the Basic Court in Sokolac, in the case No. 89 1 I 050377 21 I, issued an Enforcement Decision ordering the enforcement over the ownership interest in the legal entity. With the Enforcement Decision, a record of the enforcement was made in the Companies Register at the competent court to prevent further disposal of the ownership interest in the legal entity by the debtor, and in a subsequent phase, an expert valuation was ordered to determine the value of the ownership interest in the legal entity. After determining the value of the ownership interest in the legal entity, the court will organize a public sale of such ownership interest in the legal entity in order to settle the judgment creditor’s claim from the proceeds of the sale.
We also represented a judgement creditor before the Municipal Court in Bihać, case number 17 0 Ip 126250 23 Ip, concerning a debt in the amount of BAM 3,847,161.76 (EUR 1,967,022.57), where pursuant to a final and enforceable ruling of the Higher Commercial Court in Banja Luka, number 60 0 Ps 030404 22 Pž of 14 December 2022, we proposed to the competent court to allow and order the enforcement against the judgement debtor over the ownership interest that the judgement debtor holds in a legal entity, and to carry out the enforcement by seizing, appraising, and selling the judgement debtor’s ownership interest, and paying the judgement creditor from the proceeds of the sale.
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