IP/N/1/MNE/O/5  
 
9 April 2013  
(13-1805)  Page: 1/75  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
  
NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND  
REGULATIONS UNDER ARTICLE 63.2  
OF THE TRIPS AGREEMENT  
MONTENEGRO  
This document reproduces the text1 of the Law on Enforcement and Securing of Claims, as notified 
by Montenegro on 21 February 2013 under Article 63.2 of the Agreement (see document 
IP/N/1/MNE/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
  
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
M
ONTÉNÉGRO  
Le présent document contient le texte1 de la Loi sur le recouvrement et la garantie des créances, 
notifiée par le Monténégro le 21 février 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/MNE/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
 
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
MONTENEGRO  
En el presente documento se reproduce el texto1 de la Ley de Observancia y Medidas Cautelares, 
notificado por Montenegro el 21 de febrero de 2013 en virtud de lo dispuesto en el párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/MNE/1).  
                                               
1 In English only. The text in Montenegrin is available for consultation at the WTO Secretariat on 
request./En anglais seulement. Le texte monténégrin peut être consulté, sur demande, auprès du Secrétariat 
de l'OMC./En inglés solamente. El texto en montenegrino se puede consultar, previa solicitud, en la Secretaría 
de la OMC. 
 IP/N/1/MNE/O/5 
 
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  Pursuant to Article 95, item 3 of the Constitution of I hereby pass the 
 
DECREE 
PROMULGATING THE LAW ON ENFORCEMENT AND SECURING OF CLAIMS 
 
I hereby promulgate the Law on Enforcemen t and Securing of Claims adopted by the 
24th Parliament of Montenegro at the tenth sitting of the first regular session in 2011, held on 
12 July 2011. 
 Number: 01-909/2 Podgorica, 20 July 2011 
President of Montenegro 
Filip Vujanovic, m.p.  
 
Pursuant to Article 82, paragraph 1, item 2 and Article 91, paragraph 2 of the Constitution of 
Montenegro, the 24th Parliament of Montenegro, at the tenth sitting, of the first regular (spring) 
session in 2011, on 12 July 2011, adopted the 
LAW ON ENFORCEMENT AND SECURING OF CLAIMS 
(Official Gazette of Montenegro, 36/2011 of 27 July 2011) 
 
Title 1 
BASIC PROVISIONS 
 
Contents of the Law 
Article 1 
 
The procedure of enforced satisfaction of claims on  the basis of domestic or foreign enforceable or 
authentic document (hereinafter referred to as: enforcement procedure) and securing of claims 
(hereinafter referred to as: securing of claims procedure) shall be carried out in accordance with this Law, unless otherwise prescribed by a separate law.  
 
This Law shall also apply to involuntary enforcement of a decision adopted in an administrative procedure on fulfilling a monetary obligation, if en forcement is levied on real estates, shares and 
holdings of business organization members.  
 This Law shall also apply to involuntary enforcement of notarial documents and other documents 
envisaged by law. 
 This Law shall also apply to enforcement and securing of claims on ship and aircraft, only if prescribed so by a separate law.   
 
 
Initiation of the Procedure 
Article 2 
 
A petition of a judgment creditor shall initiate en forcement procedure, and a petition of a security 
petitioner shall initiate securing of claims procedure.  
 The procedures referred to in paragraph 1 of this Article shall be initiated ex officio  when 
prescribed so by law.   
 
 
Competency of Public Enforcement Officer 
Article 3 
 Public enforcement officer shall be competent to decide in enforcement procedure, to levy 
enforcement, as well as to enforce securing of claims, except in the cases that competency of the 
court is prescribed for by law.  IP/N/1/MNE/O/5 
 
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Public enforcement officer shall order and levy en forcement on the basis of enforceable document 
of a court or body the registered seat of which is  at the territory the public enforcement officer is 
appointed for.  
 
Public enforcement officer, on whose territory a judgment debtor has a permanent residence or registered seat, shall be in charge of orderi ng and levying enforcement on the basis of an 
authentic document.  
 Public enforcement officer appointed for the territo ry of the court that adopted the decision on 
securing of claims shall be in charge to enforce securing of claims. 
 
When a public enforcement officer carries out actions to levy enforcement and enforce securing of claims outside the territory he/she is appointed for, he/she may carry out these actions personally 
or through a public enforcement officer from other territory. 
  
Competency of the Court 
Article 4 
 The court shall have competency to decide in  enforcement procedure and enforce the court 
decisions: 
- To hand over or take away a child; - To reinstate an employee to work;  
- Pursuant to which judgment debtor is obliged to perform an act that no other person can 
perform instead of him/her in accordance with law or legal transaction; 
 
The court shall decide on a petition to create security. 
 The court shall also decide on: - Petition for counter-enforcement; 
- Request of a judgment creditor for payment of unliquidated damages. 
  
Composition of the Court 
Article 5 
 
A single judge shall conduct enforcement procedure and securing of claims procedure and make 
decisions thereon in the first instance in case of legal matters that the competency of the court is envisaged for.   
A three-judge panel of the first-instance court shall make decisions on complaints.  
  
Urgency and Sequence of Actions 
Article 6 
 
Enforcement and securing of claims procedure shall be urgent. 
 Cases shall be processed in the order they are received, unless the nature of claim or special circumstances require to act otherwise.  
 
 
Decisions 
Article 7 
 The court and public enforcement officer shall make decisions in enforcement procedure and 
securing of claims procedure in the form of a rulings and conclusions. 
 Conclusion shall order certain actions to be ca rried out and shall decide on issues regarding 
procedure administration.  
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Complaint 
Article 8 
 
A complaint may be lodged against rulings in the enforcement procedure and securing of claims 
procedure.  
A complaint shall not be allowed against conclusions. 
  
Protection of Parties, Participants in the Enforcement Procedure and their Families 
Article 9 
 In levying enforcement, the court and public enforcement officer shall be obliged to take into 
consideration the dignity of a party, participants in the procedure and their families.  
  
Scope of Enforcement and Securing of Claims 
Article 10 
 Enforcement for satisfying monetary claims and securing such claims shall be ordered and levied 
to the extent necessary to satisfy or to secure such claims. 
  
Order of Satisfaction of Several Judgment Creditors 
Article 11 
 
Several judgment creditors satisfying their monetary claims against the same judgment debtor 
and against the same asset subject to enforcement shall be satisfied in the same order they acquired the right to be satisfied from that asset, except in the cases that this Law prescribes otherwise for. 
 
 
Enforcement of a Foreign Enforceable Document 
Article 12 
 Enforcement of a foreign enforceable document shall be ordered and levied in accordance with this 
Law, if a foreign enforceable document meets th e requirements for recognition and enforcement, 
prescribed by law or international treaty.   
Enforcement on the Property of a Foreign State 
Article 13 
 
Enforcement or securing of claims against the property of a foreign state in Montenegro or 
international organization located at the territory of Montenegro cannot be ordered without a prior written consent of the state administration authority competent for foreign affairs, unless the 
foreign state or international organisation has explicitly agreed by way of a written consent to 
enforcement or securing of claims.    
Application of Provisions of the Law on Civil Procedure 
Article 14 
 
Provisions of the law governing the civil procedure shall apply accordingly to enforcement 
procedure and securing of claims procedure, unless this or another law prescribes otherwise.   
 
Use of Gender-Sensitive Language 
Article 15 
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  Terms used in this Law for natural persons in masculine gender shall imply the same terms in 
feminine gender.   
Meaning of Terms 
Article 16 
 
As used in this Law, the following terms shall have the following meanings:  
1) Claim  shall mean the right to collect monetary amount or the right to receive something, 
the right to obtain a third party’s action or non-action or third party’s sustainment; 2) Judgment creditor  shall mean a person whose claim is being satisfied;  
3) Judgment debtor  shall mean a person against whom a claim is being satisfied;  
4) Security petitioner  shall mean a person who initiated the procedure to secure some claim;  
5) Security contester  shall mean a person against whom a claim is secured; 
6) Party  shall mean a judgment creditor, or a judgment debtor, as well as a security 
petitioner, and security contester; 7) Participant in the procedure  shall mean a person who in the enforcement procedure or 
securing of claims procedure exercises some of his rights or legal interest and is not a party in the 
procedure; 8) Public enforcement officer  shall mean a natural person appointed to decide in the 
enforcement procedure, levy enforcement and enforce securing of claims in accordance with law; 
9) Third person  shall mean a person who claims, regarding the asset subject to enforcement, 
that he is entitled to prevent the enforcement until the termination of the enforcement procedure, 
and file a complaint with the first-instance court, requesting that the enforcement on such an asset 
is declared inadmissible;  
10) Pre-registration  shall mean a type of registration in the public records by which rights on 
immovable property and other assets subject to enforcement are conditionally acquired, 
transferred or terminated.  
   
Title II 
ENFORCEMENT PROCEDURE 
 
I GENERAL PROVISIONS 
 
Ground for Enforcement 
Article 17 
 Enforcement shall be ordered on the basis of an enforceable or authentic document, unless 
otherwise prescribed by this Law.  
 
 
Enforceable Documents 
Article 18 
 Enforceable documents shall be: 
1) Enforceable court decision and court settlement; 
2) Decisions and settlements that are considered to be enforceable documents by 
separate laws; 
3) Mortgage agreement, or lien statement made in accordance with the regulations 
governing mortgage; 
4) Notarial deed representing an enforceable document in accordance with law and 
foreign notarial deed if it contains all elements necessary for enforcement in 
accordance with law and is considered to be an enforceable document in the country 
of origin; 
5) Other documents set forth by law as enforceable documents.  
 
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  Decision and Settlement 
Article 19 
 A court decision, under this Law, shall mean a judgment, ruling, ruling on securing of claims, 
payment and other court order, and arbitration decisions; while court settlement shall mean 
settlement reached before the court.   
Decision in administrative procedure, under this Law, shall mean a ruling and conclusion of a state 
administration body and other state body, as well as a business organization or other legal entity 
adopted in performance of public authorizations, while settlement in administrative procedure shall 
mean settlement reached under the law govern ing general administrative procedure.  
 
 
Enforceability of Decision 
Article 20 
 Court decision shall be enforceable if it has beco me final and non-appealable and if a deadline for 
voluntary fulfilment of obligation of judgment debtor has expired.  
 Decision adopted in administrative procedure shall be enforceable if it has become final and if a deadline for voluntary fulfilment of obligation has expired.  
 
Deadline for voluntary fulfilment of obligation shall run from the day of submitting a decision to judgment debtor.  
 
On the basis of a decision that has partially become enforceable, enforcement may be ordered only to that extent.  
 
Enforcement shall be ordered also on the basis of a court decision that has not become final and non-appealable and on the basis of a decision adopted in administrative procedure that has not become final, if law prescribes  that appeal does not withhold the enforcement of a decision. 
 
 
Enforceability of Settlement 
Article 21 
 Court settlement and settlement reached in administrative procedure shall be enforceable, if a 
claim to be satisfied through settlement is mature.  
 The maturity of a claim shall be proved by settlement minutes or by public document or document authenticated in accordance with law.  
 
Maturity that cannot be proved in the manner determined by paragraph 2 of this Article shall be proved by a final and non-appealable decision ad opted in a civil procedure determining maturity.  
 
 
Suitability of Enforceable Document for Enforcement 
Article 22 
 Enforceable document shall be suitable for enforcement if it specifies a judgment creditor and a judgment debtor, as well as an asset, type, sco pe and deadline for fulfilment of obligations.  
 
If an enforceable document does not specify a de adline for voluntary fulfilment of the obligation, 
such a deadline shall be specified by a writ of enforcement.  
 
 
Enforceability of Notarial Document 
Article 23 
 Notarial document shall be enforceable if it has become enforceable according to a separate law governing enforceability of such a document.  
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  On the basis of a notarial document that has become partially enforceable, enforcement shall be 
levied only to that extent.    
Collection of Default Interest 
Article 24 
 
If after having produced an enforceable document  there is a change in the amount of a default 
interest, at the proposal of a judgment creditor or judgment debtor, a ruling shall order the collection of default interest at changed rate.   
If an enforceable document also specifies costs of the procedure, at the proposal of judgment 
creditor, a ruling shall order the collection of default interest on the amount of imposed costs at prescribed rate, from the day of adoption of the enforceable document to the collection.    
 
 
Authentic Document 
Article 25 
 Enforcement to satisfy monetary claim shall be ordered also on the basis of authentic document.   
Authentic document shall be: 
1) Bill of exchange and cheque under protest of a domestic or foreign person, if so 
necessary to create claim; 
2) Bond and other securities issued in series entitling their owner to payment of nominal 
value; 
3) Invoice (bill) with bill of lading or other written proof that judgment debtor is informed 
about the occurred obligation; 
4) Extracts from business records for rendered communal services, electrical energy 
services, telephone and other similar services; 
5) Bank guarantee; 
6) Letter of credit; 
7) Authenticated statement of judgment debtor authorizing a bank to transfer the 
monetary assets from his account to the account of judgment creditor; 
8) Calculation of interests with proofs of the ground for maturity and amount of claim; 
9) Authenticated interim or final payment application for executed construction works. 
 
Authentic document shall be suitable for enforcement if it specifies a judgment creditor and a 
judgment debtor, an asset, type, scope and deadline for fulfilment of obligation.  When an authentic document does not specify a cl aim maturity, enforcement shall be ordered if a 
judgment creditor submitted a written proof that he requested from a judgment debtor to fulfil the 
matured obligation within a specified time period.   
 
Means and Assets subject to Enforcement 
Article 26 
 
Means of enforcement shall mean enforcement action s for the purpose of enforced satisfaction of a 
claim, in accordance with law.   
Means of enforcement to satisfy a monetary claim shall be: sale of movables, sale of immovables, 
transfer of monetary claim, transfer of claim fo r handing over movables or immovables, conversion 
into cash of other property rights, transfer of funds kept in a bank account, sale of shares and sale 
of holdings in business organizations. 
 Assets subject to enforcement shall mean assets an d rights that enforcement can be levied on, in 
accordance with law, to satisfy a claim.  
 Assets subject to enforcement cannot be assets that cannot be traded with and other things exempted by law from enforcement. 
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  Assets subject to enforcement cannot be objects,  armaments and equipment intended for the state 
defence and safety.   When assessing whether an asset or a right can be subject to enforcement or whether 
enforcement on an asset or right may be restricted, circumstances at the time of submission of the 
enforcement petition shall be taken into account, unless otherwise explicitly prescribed by this 
Law.    
 
 
Scope of Enforcement 
Article 27 
 
Enforcement shall be levied on those funds and as sets stated in the enforcement petition. If the 
funds and assets subject to enforcement are not stated in the enforcement petition, a public 
enforcement officer shall levy enforcement on funds and assets that he believes are the most 
suitable, and that will provide for the most favourable satisfaction of judgment creditor.   
Judgment creditor may request from a public enforcement officer to take with no restrictions all 
actions in the enforcement procedure, or condition taking of certain actions by his prior consent.    
Transfer of Claim or Obligation 
Article 28 
 
Enforcement shall be ordered and levied also based on the petition and for the benefit of a person 
who is not designated as judgment creditor in an enforceable document, if such person proves by a public or document authenticated in accordance with law that a claim has been transferred to 
him or that has been assigned to him in another manner, and if it is not possible to prove so, 
transfer or assignment of claim shall be prov ed by a final and non-appealable enforceable 
document.   
The provision of paragraph 1 of this Article shall apply also in the case of enforcement against a 
person who is not designated in an enforceable document as judgment debtor.   
 
Conditional and Mutual Obligation 
Article 29 
 
Enforcement depending on prior fulfilment of an obligation of judgment creditor or creation of a condition shall be ordered if a judgment credit or proves, by a public or private document 
authenticated in accordance with law, that he has fulfilled his obligation or that he has secured its 
fulfilment, or that the condition has been created. 
 The fulfilment of the obligation or creation of the condition shall be proved by a final and non-
appealable decision adopted in a civil or administra tive procedure, if judgment creditor is not able 
to prove it in the manner referred to in paragraph 1 of this Article.   
If a judgment debtor, based on an enforceable do cument, is obliged to fulfil the obligation, 
provided that the obligation towards him is simultaneously fulfilled, enforcement shall be ordered, if a judgment creditor submits a proof that he has secured the fulfilment of his obligation.   
It shall be considered that judgment creditor has secured the fulfilment of his obligation under 
paragraph 3 of this Article, if he deposited the assets subject to obligation with a public enforcement officer or has acted in anothe r appropriate manner to the same effect.  
 
Judgment creditor who claims that he has already fulfilled his obligation should prove that in the manner envisaged in paragraphs 1 and 2 of this Article.  
 
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  Alternative Obligation of Judgment Debtor’s Choice 
Article 30 
 If a judgment debtor is entitled, based on enfo rceable document, to choose among several assets 
subject to his obligation, a judgment creditor sh all be obliged to designate in the enforcement 
petition an asset that should be used for the fulfilment of the obligation.    
Judgment debtor shall be entitled to make a choice  as long as judgment creditor does not receive 
fully or partially the asset he requested in the enforcement petition.    
Alternative Authorization of Judgment Debtor 
Article 31 
 
A judgment debtor who is ordered by an enforceabl e document to fulfil a non-monetary obligation, 
with an option to avoid that obligation by payi ng a certain monetary amount determined in the 
enforceable document, may pay such amount as long as judgment creditor did not even partially 
satisfy his claim.  
  
Determining Debtor’s Property 
Article 32 
 Judgment debtor shall be obliged to submit, at the request of the court or public enforcement 
officer, all data about his property and re venues necessary for levying enforcement.  
 The court or public enforcement officer may request the data referred to in paragraph 1 of this 
Article also from other natural and legal persons, and state administration authorities and local 
administration authorities.   A pecuniary fine in accordance with Article 230 of this Law shall be imposed by the court ex officio  
or at the proposal of a public enforcement officer on a natural person or responsible person in a 
legal entity who does not submit or submits incorrect or incomplete data.  
 
Surety 
Article 33 
 
Under this Law, a surety shall be deposited in cash.   Exceptionally, the court or public enforcement o fficer may approve, with the consent of judgment 
creditor, surety in the form of a bank guarantee,  securities, valuables or movable asset the value 
of which can be easily determined on the market  and that can be quickly and simply converted 
into cash.  
 
Other party shall gain a statutory lien on deposited security interest. Proof of depositing the surety shall be the ground for registration of security interest in a competent registry, in accordance with 
law.  
 The court or public enforcement officer shall decide , in the form of a conclusion, on the request to 
deposit surety. 
 
If the court or a public enforcement officer in an enforcement procedure decides on the right of 
other party to get compensation for damage or costs of the procedure associated with the action 
that the surety is given for, at its proposal, the same ruling shall decide also on the collection of 
the determined claim secured by that surety.   
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  Enforcement Procedure Costs 
Article 34 
 Procedure costs concerning the ordering and le vying of the enforcement shall be borne by a 
judgment creditor in advance.  
 Judgment creditor shall be obliged to make advance payment for the enforcement costs within the 
deadline determined by the court or public enfo rcement officer that cannot exceed eight days.  
 The court or public enforcement officer may term inate the enforcement if the enforcement costs 
are not paid in advance within the specified deadline, unless one is exempt from the obligation to 
pay the enforcement procedure costs.  
 If the enforcement procedure is initiated ex officio , the costs shall be paid in advance by a body 
that adopted an enforceable document in the first-instance.  
 Judgment debtor shall be obliged to compensate the costs necessary for enforcement to judgment 
creditor, at his request.  
 Judgment creditor shall be obliged to compensate the enforcement costs groundlessly incurred to judgment debtor, at his request. 
 
Enforcement procedure costs shall be determined by the court or public enforcement officer and it shall decide on enforcement for satisfaction thereof in that procedure, in accordance with law and 
regulation governing the procedure costs.  
 Request for damage compensation may be submitted at the latest within 30 days from the day of 
terminating the procedure.  
  
Reinstatement to the Former Condition 
Article 35 
 Reinstatement to the former condition shall be allowed only in case of failure to meet a deadline 
for submitting a complaint to writ of enforcement.  
  
Inadmissibility of Review and Renewal of the Procedure 
Article 36 
 Review and renewal of the procedure shall not be allowed against a final and non-appealable ruling 
in enforcement and securing of claims procedure.  
   
 
II ENFORCEMENT PETITION 
 
Contents of the Petition 
Article 37 
 Enforcement petition must specify: judgmen t creditor and judgment debtor, enforceable 
document, obligation of judgment debtor, means of and asset subject to enforcement, as well as 
other data necessary for levying enforcement.   
Enforcement petition based on an authentic document must also contain a request instructing the 
judgment debtor to satisfy claim along with adjudicated costs within eight days, and in case of disputes involving a bill of exchange and cheque within three days following the day of service of 
the ruling. 
 Enforcement petition to be submitted to a pub lic enforcement officer, on the basis of an 
enforceable or authentic document, shall contain the elements referred to in paragraph 1 of this 
Article, provided that means of and assets subjec t to enforcement do not have to be specified. IP/N/1/MNE/O/5 
 
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Movables that the enforcement is proposed against do not have to be described in more details in 
the enforcement petition.   
 
Certificate of Enforceability 
Article 38 
 
If an enforcement petition is submitted to a court that did not decide on a claim in the first-instance, an enforceable document shall be submi tted along with the petition, in the original or 
authenticated copy, that contains a certificate of enforceability on it.  
 
A court or body that decided on claim in the first-instance shall issue a certificate of enforceability.   
Groundless certificate of enforceability shall be cancelled by a ruling of the court or body that 
issued the certificate, based on the petition of a party or participant or third party or ex officio .  
 
If enforcement petition is submitted to a public  enforcement officer, enforceable document with 
certificate of enforceability shall be submitted along with the petition.   
Withdrawal of the Enforcement Petition 
Article 39 
 
Judgment creditor may withdraw, during the proc edure, entirely or partially the enforcement 
petition without the consent of a judgment debtor.   
In the case referred to in paragraph 1 of this Article, enforcement shall be terminated.  
 Decision on terminating enforcement shall cancel  all implemented enforcement actions, if the 
acquired rights of third parties are not affected thereby.  
 
If in the case referred to in paragraph 1 of this  Article the enforcement has been initiated, and 
withdrawal of the enforcement petition by judgment creditor has caused damage to judgment 
debtor, the judgment creditor shall be obliged to compensate the damage.  
 Judgment creditor may submit a new enforcement petition, upon withdrawal of the petition.  
 
 
III DECIDING ON THE ENFORCEMENT PETITION 
 
Deadline to Act 
Article 40 
 
The court or a public enforcement officer shall be obliged to decide on an enforcement petition 
within five days from the day of submitting the petition.   
 
Writ of Enforcement 
Article 41 
 
The court or a public enforcement officer by way of a writ of enforcement shall adopt entirely or 
partially the enforcement petition;  
Writ of enforcement must specify: the court or public enforcement officer, judgment creditor and 
judgment debtor, enforceable or authentic docume nt, obligation of judgment debtor, means of and 
assets subject to enforcement, if they are specif ied in the petition, and other data necessary for 
levying enforcement.  
 Public enforcement officer shall, by the writ of enforcement, on the basis of the authentic 
document, oblige judgment debtor to, within eight days, or within three days upon the submission IP/N/1/MNE/O/5 
 
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  of the writ in case of bill of exchange- and cheque-related disputes, satisfy the claim together with 
the determined costs and order enforcement for the purpose of enforced collection of such claims.   The writ of enforcement referred to in paragraph of this Article shall contain a legal remedy notice.  
 
 
Ruling to Reject or Refuse 
Article 42 
 Ruling by which enforcement petition is fully or partially rejected or refused (hereinafter referred to as the Ruling to reject or refuse) must be explained.  
 
The ruling referred to in paragraph of this Article shall contain a legal remedy notice.   
 
IV SERVICE OF PROCESS 
 
Manners of Service of Process 
Article 43 
 Service of submissions arising from the work of the public enforcement officer shall be done by 
direct delivery or by mail.  A certificate on execut ed service of process shall be signed by a receipt 
and a person executing the service.  The recipient shall write the date of receipt on the delivery notice. 
 
If a public enforcement officer makes the service of process of submissions, in such case the 
service of process shall be done in accordance with the provisions of the law governing the civil 
Procedure, unless otherwise stipulated by this Law.  
 Public enforcement officer shall be obliged to stat e in an official notice every unsuccessful attempt 
to make service of process.  
 
 
Writ of Enforcement Service 
Article 44 
 Writ of enforcement shall be submitted to judgm ent creditor and judgment debtor, and ruling to 
reject or refuse the enforcement petition shall be submitted only to judgment creditor. 
 Along with the writ of enforcement, enforcement pe tition shall be submitted to a judgment debtor.  
 
Writ of enforcement on monetary claim shall be submitted also to a debtor of judgment debtor, 
and writ of enforcement on the funds in the account  of judgment debtor shall be submitted also to 
a bank.  
 
Writ of enforcement on movables shall be subm itted to a judgment debtor immediately before 
taking the first enforcement action, unless otherwise prescribed by this Law.  
 
If a court that made a writ of enforcement is not competent for levying enforcement, it shall refer the writ of enforcement to a competent court fo r the purpose of submission of the ruling and 
levying enforcement. 
 
Writ of enforcement made on the basis of an authentic document shall be submitted to a bank only after it has become final and non-appealable, unless such enforcement is ordered on the basis of 
bill of exchange.  
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  Service by Publication 
Article 45 
 
If a public enforcement officer cannot properly perf orm service of process within its competence of 
work directly or by mail or if a temporary or permanent residence or registered seat of a party is 
unknown, service of process shall be done by publication.   
Publication shall be done using daily printed media outlets published on the entire territory of 
Montenegro and so in two consecutive editions.   Publication shall also be done in the Official Gazette of Montenegro. 
 
The publication shall contain: name of the public enforcement officer, name of a party, last known address, case number, basic grounds for the en forcement, and deadline within which a party 
should contact a public enforcement officer.  
 The publication shall also contain a warning that such a service is considered as proper service of 
process and that negative consequences that may occur shall be borne by the party itself.  
 The service of process shall be deemed to be executed on the last day of publication.   
 
Application of Other Laws 
Article 46 
 
Provisions of the law governing the civil procedure shall apply accordingly to matters concerning the service of process, unless otherwise prescribed by this Law.  
 
 
V COMPLAINT 
 
1. Deadlines and Competences for Deciding in Second Instance 
 
Deadline for Lodging a Complaint 
Article 47 
 Complaint may be filed against a writ of enforcement, ruling to reject or refuse the enforcement 
petition within five days from the day of the a writ/ruling is serviced. 
 Complaint shall be lodged before the court or to the public enforcement officer deciding on the enforcement petition. 
 
Public enforcement officer shall be obliged to submit to the court case file within five days for the purpose of deciding upon the complaint. 
 
 
Competences for Deciding on Complaint in Second-Instance 
Article 48 
 The court panel of the same court that adopted the writ of enforcement shall decide in the second-
instance on complaints against writ of enforcem ent, a ruling to reject  or refuse a petition. 
 
The court panel of the court for the territory of which a public enforcement officer is appointed 
shall decided on complaint against a writ of enforcement, ruling to refuse or reject a petition 
adopted by the public enforcement officer. 
 The panel shall decide within 15 days on complaint referred to in paragraphs 1 and 2 of this 
Article, as well as on complaints referred to in Article 55, paragraph 3 and Article 56, paragraph 4 
of this Law, except in cases referred to in Article 60 of this Law.   
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  2. Complaint against a Writ on the basis of Enforceable Document 
 
Lodging a Complaint 
Article 49 
 
Complaint may be lodged by judgment debtor and ju dgment creditor against a writ of enforcement 
on the basis of enforceable document.  
 
Judgment creditor may contest the writ referred to in  paragraph 1 of this Article only in the part 
referring to enforcement costs.   
Complaint shall not withhold the writ of enforcement, unless otherwise prescribed by law.  
 Judgment creditor may lodge a complaint against the ruling rejecting or refusing enforcement 
petition.  
  
Reasons for Complaint against a Writ of Enforcement 
Article 50 
 Complaint against a writ of enforcement on the ba sis of enforceable document may be filed due to 
the reasons preventing enforcement as follows:  
1) If the court or public enforcement officer that made a writ of enforcement is not 
competent; 
2) If a document on the basis of which enforcement is ordered does not have the effect 
of enforceable document; 
3) If a decision on the basis of which enforcement is ordered is not enforceable; 
4) If a decision on the basis of which enforcement is ordered is cancelled, annulled or 
altered; 
5) If the settlement on the basis of which enforcement is ordered is annulled; 6) If the deadline for satisfaction of claim has not expired or if a condition determined by 
the settlement has not been created; 
7) If enforcement is ordered on assets, mone tary claim and other rights exempted from 
enforcement or on which the possibility of enforcement is restricted; 
8) If the claim has ceased on the basis of fa ct that has occurred after enforceability of 
the decision or prior to it, but at the time when judgment debtor was not able to present in the procedure within which enforceable document was adopted, or if the 
claim has ceased on the basis of the fact that occurred after reached settlement; 
9) If judgment creditor delayed the fulfilment of the obligation for the period that has not 
expired yet; 
10) If the deadline within which enforcement may be proposed in accordance with law has 
expired;  
11) If the claim has not been transferred to judgment creditor, or if the obligation has not 
been transferred to judgment debtor. 
 
 
Presenting the Facts and Proposing Evidence in Complaint 
Article 51 
 Judgment debtor shall be obliged to present all re asons for contesting the writ of enforcement in 
the complaint and attach all evidences that the complaint is based on to the complaint.  
 
After the expiration of the deadline for complaint, it shall not be allowed to present new facts and propose new evidence.   
 
 
Complaint after Deadline Expiration 
Article 52 
 Exceptionally, due to the reasons envisaged in Article 60, paragraph 1, item 8 of this Law, 
judgment debtor may file a complaint against writ of enforcement also afte r the expiration of the 
deadline for complaint, until the enforcement is levied. IP/N/1/MNE/O/5 
 
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The complaint referred to in paragraph 1 of this  Article may be filed only due to the reasons 
occurred after the expiration of the deadline for fili ng a complaint against the writ of enforcement. 
 
The court shall reject the complaint referred to in paragraph 1 of this Article that is based on 
reasons the judgment debtor has already presented or  could have presented in the previously filed 
objection. 
 
 
Response to Complaint 
Article 53 
 
Complaint against writ of enforcement shal l be submitted to judgment creditor.  
 
Judgment creditor may file a response to complaint within three days from the day of complaint 
submission.   
 
Deciding on Complaint in First Instance agains t Writ within the Jurisdiction of the Court 
Article 54 
 
A single judge may exceptionally decide in the first instance on complaint against a writ of 
enforcement, as well as on complaint against a ruling to reject or refuse a petition that was adopted by the court based on an enforceable document within five days. 
 
If a judge finds that the complaint is not grounded, the judge shall submit the documents to a panel of the same court.  
 
 
Reasons for Rejecting a Complaint and Assigning a Case to a Competent Court 
Article 55 
 
A judge shall reject, in the form of a ruling, an untimely, incomplete or inadmissible complaint.   
If a judge finds that the complaint, submitted due to wrong jurisdiction, is grounded, he shall 
abrogate his writ, cancel the implemented activities and assign the case documents to a competent court.  
 
Complaint may be filed against the ruling referred to in paragraphs 1 and 2 of this Article to the panel of the same court within five days following the day of servicing of the ruling.   
 
Decisions on Complaint in First Instance 
Article 56 
 
When a judge, who adopted a writ of enforcement,  finds that a complaint of judgment debtor is 
grounded, a judge may adopt the complaint, cancel the writ of enforcement, terminate the 
enforcement entirely or partially, and cancel the implemented actions.  
 When a judge, who decided in a first-instance, fi nds that a complaint of judgment creditor is 
grounded, a judge may adopt the complaint, cancel the writ and decide again on the petition or 
costs of the procedure.  
 Judge may act in the manner referred to in paragraph 1 of this Article also with respect to the 
complaint referred to in Article 50 of this Law. 
 Complaint to the panel of the same court may be filed against enforcement ruling referred to in 
paragraphs 1 and 2 of this Article within five days following the day of servicing the ruling. 
  IP/N/1/MNE/O/5 
 
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  Deciding of the Court Panel on Complaint in Second-Instance 
Article 57 
 The court panel shall decide in second-instance, in  the form of a ruling, to dismiss an untimely, 
incomplete or inadmissible complaint.  
 The court panel shall, acting on the complaint of judgment debtor against the writ of enforcement, 
if it finds the complaint to be grounded, adopt the complaint, cancel the writ of enforcement, 
terminate the enforcement entirely or partia lly and cancel the implemented actions.  
 The court panel shall, acting on the complaint of a judgment creditor, if it finds the complaint to be 
grounded, adopt the complaint, cancel the writ of enforcement and send beck the case to repeated 
deciding.  
If the court panel finds that there are not reasons for complaint to be filed, the complaint shall be 
rejected as groundless.   
 
3. Complaint against Writ of Enforcement ad opted on the basis of Authentic Document 
 
Reasons for Complaint 
Article 58 
 A complaint against a writ of enforcement adopte d on the basis of authentic document may be 
filed if: 
1) Document on the basis of which the enforcement is ordered is not an authentic one 
under law; 
2) Claim referred to in authentic document has not occurred; 
3) Untrue content is included in the authentic document; 4) Obligation referred to in authentic document has not matured; 5) Obligation has been fulfilled or has ceased in another manner.  
 
Judgment debtor shall be obliged to state, in the complaint, all reasons for contesting and attach all evidence the complaint is based on, and in case he does not do so, he shall lose the right to 
additionally present facts and propose evidence.  
  
Evidence to Complaint 
Article 59 
 Judgment debtor shall be obliged to submit, along with the complaint, written documents proving 
the statements given in the complaint, and so as follows: 
1) A final and non-appealable court decision determining the document is untrue, or 
extract from the Central Depositary Agency , if he claims the document is untrue; 
2) Payment order in a written or electronic form on the basis of which the transfer of 
funds has been made, if he claims the obligation has been fulfilled; 
3) Other written documents supporting statements given in the complaint.  
 
In case of a complaint based on unmaturity of the claim referred to in Article 58, paragraph 1, item 4 of this Law, if the unmaturity cannot be seen from the authentic document itself, a judgment debtor shall be obliged to attach a written document to that effect.  
 
 
Procedure based on the Complaint 
Article 60 
 If a writ of enforcement is contested only to the extent it orders enforcement, a further procedure 
shall be continued as the procedure based on the complaint against a writ of enforcement adopted 
on the basis of an enforceable document.   If a judgment debtor does not attach the evidence  or attached evidence does not make probable 
the grounds for his statements referred to in the co mplaint, the court shall reject the objection.  IP/N/1/MNE/O/5 
 
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If a judgment debtor makes probable the statements from the complaint that contest the writ of enforcement entirely or in the part he is obliged to satisfy the claim, the court panel shall abrogate 
the writ of enforcement in the part ordering enforcement and order the continuation of the 
procedure as in case of complaint against payment order. Complaint shall not be allowed against a 
ruling on abrogation of writ of enforcement.  
If a court panel finds grounds for the complaint of a judgment debtor contesting the ruling in the 
part ordering enforcement, the court panel shall act in the manner referred to in Article 57, paragraph 2 of this Law.   
The court panel shall be obliged to adopt a ruling on complaint within eight days from the day the 
court receives the documents.   
Complaint shall withhold the execution of the writ of enforcement, unless a writ is adopted based 
on a bill of exchange.  
 
VI LEVYING OF ENFORCEMENT 
 
Enforcement prior to a final and No n-Appealable Writ of Enforcement 
Article 61 
 
Enforcement shall be levied based on an enforceable document before a writ of enforcement 
becomes final and non-appealable, unless otherwise prescribed by this Law for certain 
enforcement actions.  
Enforcement ordered on the basis of an authentic document cannot be levied before the writ of 
enforcement becomes final and non-appealable.    
Time of Enforcement 
Article 62 
 
Enforcement shall be levied every day from 08:00 to 21:00.  
 Enforcement may be levied also outside the time specified in paragraph 1 of this Article, only if 
there is an obvious avoidance or danger due to delay.  
  
Proceedings during Enforcement Levy 
Article 63 
 In searching the apartment of judgment debtor or clothes he is wearing and prior to taking other 
enforcement activities, a public enforcement officer shall be obliged to act with due care towards 
the personality of judgment debtor and members of his household.   
Enforcement actions in the apartment of judgment debtor that are not attended by judgment 
debtor, his legal representative, proxy or adult member of his household, must be attended by two adult citizens.   
Enforcement in business or other premises of judgment debtor shall be levied during working 
hours in the presence of a person determined by  the judgment debtor, and if the judgment debtor 
does not determine such a person, enforcement acti on shall also be levied without his presence.  
 
When an enforcement action is to be levied in locked premises, and judgment debtor is not present or does not agree to open the premises, a public enforcement officer shall open the 
premises in the presence of two adult citizens.  
  IP/N/1/MNE/O/5 
 
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  Assistance of the Police 
Article 64 
 The court or public enforcement officer shall be obliged to remove a person disturbing the 
enforcement to be levied, and if needed to ask for the assistance of the authority competent for 
police affairs (hereinafter referred to as the Police Administration).   
In case the Police Administration does not act at the request of the court or public enforcement 
officer to provide assistance in levying enforcemen t, the court or public enforcement officer shall 
be obliged to immediately inform thereof the ministry in charge of police affairs.  
 
 
Removing Irregularities in Levying Enforcement 
Article 65 
 
A party or participant in the procedure who believes that irregularities were made in levying enforcement may submit a request for removing such irregularities to a competent court.  
 
The explained request with proofs shall be submitte d within three days from the day of finding out 
about irregularities, and at the latest within 15 days from the day of terminating enforcement.  Submission of the request shall not withhold levying of the enforcement.  
 
Request for removing irregularities shall be submi tted to parties and participants to the procedure, 
as well as to the public enforcement officer the request refer to.  
 
The court may decide to hear the persons referred to in paragraph 3 of this Article.   
A single judge shall decide on the request referred to in paragraph 1 of this Article within three 
days from the day of receiving the request.  If finds that the request is grounded, a court shal l determine, in the form of a ruling, the made 
irregularities, abrogate undertaken enforcement actions and order the removal of irregularities 
made by decisions and actions of the court or public enforcement officer.   
Complaint may be filed against the ruling referred to in paragraph 6 of this Article to the panel of 
the same court.   
Complaint shall be submitted to the other party and participant in the procedure who can file a 
response to the complaint within three days from the day of submitting the complaint.   Complaint shall not withhold levying of the enforcement.  
 
The court shall inform the ministry in charge of judicial affairs about irregularities in the work of public enforcement officer. 
 
  
VII RIGHT OF JUDGMENT DEBTOR TO INITIATE CIVIL OR OTHER PROCEDURE 
 
Conditions to Initiate Civil or other Procedure 
Article 66 
 
Judgment debtor shall be entitled to, in order to determine a fact relating to the claim itself, which is contestable between the parties, until the termination of enforcement procedure, to initiate a 
civil or other procedure to declare enforcement inadmissible.  
 Initiation of the procedure referred to in paragr aph 1 of this Article shall not prevent further 
levying of the enforcement.  
 If it is determined by a final and non-appealable decision of the court that enforcement is inadmissible, enforcement shall be terminated at the proposal of judgment debtor and 
enforcement actions shall be cancelled.  IP/N/1/MNE/O/5 
 
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VIII RIGHT OF THIRD PERSON TO COMP LAINT AND INITIATE  CIVIL PROCEDURE 
 
Conditions to File a Complaint and Referra l of Third Person to Civil Proceedings 
Article 67 
 
A person who claims that has the right to an asset subject to enforcement that prevents enforcement may, until the termination of enforc ement procedure, file a complaint to the court 
asking the enforcement on such asset to be declared inadmissible.  
 
The court shall submit a complaint to judgment creditor and judgment debtor and invite them to make a statement on the complaint within five days from the day of submission. If a public 
enforcement officer levies the enforcement, the court shall submit the complaint also to him.  
 The court shall reject the complaint, in the form of a ruling, if a third person does not make 
probable his right to asset subject to enforcement that prevents enforcement. 
 The court may, during the entire procedure, refer, in the form of a ruling, a third party whose right is found probable, and which is contested by judgment creditor or judgment creditor did not make 
a statement thereon, to initiate a civil procedure, within 15 days from the day of submitting a 
ruling against judgment creditor, in order to have the enforcement on such assets declared inadmissible.  
 
Judgment debtor who contests the right of a third person must be included in an appeal referred to in paragraph 4 of this Article for the pu rpose of determining that right.     
 
Complaint cannot be filed against the ruling referred to in paragraph 3 of this Article.   Filing of the complaint referred to in paragraph 1 of this Article shall not prevent further levying of 
the enforcement.  
 The court shall submit the ruling referred to in paragraphs 3 and 4 of this Article also to a public 
enforcement officer if the public enforcement officer levies enforcement.   
  
Initiation of Civil Proced ure without Court Referral 
Article 68 
 A person who claims that he has the right to the asset subject to enforcement that prevents 
enforcement may, until the termination of enforcement procedure, and without the court referral 
referred to in Article 67, paragraph 4 of this Law, initiate a civil procedure against a judgment creditor, in order to have the enforcement on that asset declared as inadmissible.  
 
The court claim in the civil procedure referred to in paragraph 1 of this Article must include also the judgment debtor who contests the right of the third person. 
 
The initiation of the procedure referred to in pa ragraph 1 of this Article shall not prevent further 
levying of the enforcement.   
 
Right of Co-Owners 
Article 69 
 
Notwithstanding provision of Article 67, paragraph 4 and Article 68, paragraph 1, of this Law, a 
third person whose ownership interest in co -ownership of movable property subject to 
enforcement does not exceed the half of the va lue of that property cannot initiate a civil 
procedure, and cannot be referred by the court to initiate a civil procedure with the request to declare enforcement on his ownership interest inadmi ssible, but he shall be entitled to be satisfied 
from the proceeds obtained by the sale of the prop erty prior to all judgment creditors and prior to 
compensation of enforcement procedure costs, as well as to request before the delivery of the IP/N/1/MNE/O/5 
 
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  asset to the most advantageous bidder that he becomes the sole owner of the asset subject to 
enforcement if he deposits the amount corresponding  to the value of the ownership interest of the 
judgment debtor in the asset.    
The person referred to in paragraph 1 of this Article who ownership interest in the asset subject to 
enforcement is contested may, for the purpose of determining his ownership interest in the asset, 
initiate a civil procedure that may include also a judgment debtor, if he contests his ownership 
interests in the asset. 
   
IX DELAY AND TERMINATION OF ENFORCEMENT 
 
Delay of Enforcement based on Proposal of Judgment Creditor 
Article 70 
 
Based on the proposal of judgment creditor, the court or public enforcement officer shall delay 
fully or partially the enforcement, if levying of enforcement has not started.  
 If levying of enforcement has started, and judgment debtor stated, within a specified deadline, that he opposes the delay, the court or public enforcement officer shall reject his proposal for 
delay.  
 If the law envisages that enforcement should be asked for within a certain deadline, judgment 
creditor may submit a proposal for delay within that deadline.  
  
Delay of Enforcement based on Prop osal of Judgment Debtor from  
Especially Justifiable Reasons 
Article 71 
 
Based on the proposal of judgment debtor, the co urt may, if a judgment debtor makes probable 
that levying of enforcement would cause irreparable or hardly reparable damage, fully or partially delay enforcement, if: 
1) at the request of judgment debtor for annulling a decision of arbitration court on the 
basis of which enforcement has been ordered, a first-instance decision was made adopting the request; 
2) at the request of a judgment debtor for cancelling certificate of enforcement, a first-
instance decision was made adopting the request; 
3) at the request of a judgment debtor for abrogating an enforceable document, a first-
instance decision has been made adopting the request; 
4) a first-instance decision has been made ordering that enforcement is not allowed.  
 The court may, at the proposal of judgment debtor, fully or partially, delay enforcement in cases 
when especially justifiable reasons exist for it, such as severe forms of health and social 
vulnerability.    
The delay in enforcement referred to in paragraph 1 of this Article shall be conditioned by 
depositing a surety.   
Delay in Enforcement at the Proposal of Third Person 
Article 72 
 
The court may, at the proposal of a third person who initiated a civil procedure, under Article 67, 
paragraph 4 of this Law, delay enforcement in the form of a ruling, if it estimates that such a person would suffer a more substantive damage and order that surety is deposited in the amount 
of the claim within eight days from the day of submitting the ruling.  
 If the court delays enforcement of a non-monetary claim, provided that surety is deposited, the 
amount of surety shall be ordered taking into consideration all circumstances of a concrete case.  
 IP/N/1/MNE/O/5 
 
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Decision-Making on Proposal of Judgment Debt or or Third Person to Delay Enforcement 
Article 73 
 
The court shall decide on a proposal of judgment debtor to delay enforcement within five days 
from the day of receiving the proposal.  
The court shall submit the ruling adopting the pr oposal of judgment debtor or third person for 
delaying enforcement to a judgment debtor, judgment creditor, third person and public enforcement officer, if the judgment enforcement officer levies the enforcement.   
The submission of a proposal of judgment debtor or third person for delaying enforcement shall 
not prevent further levying of enforcement.   
Complaint may be filed to the panel of the same court against the ruling deciding on a proposal to 
delay enforcement.   
 
Enforcement Delay Period 
Article 74 
 
If enforcement is delayed at the proposal of a judgment creditor, the court or public enforcement 
officer shall delay enforcement for the period suggested by a judgment creditor.  
If a judgment creditor submitted a proposal to de lay enforcement in case when the law envisages 
that enforcement is to be requested within a ce rtain deadline, the enforcement cannot be delayed 
for the period exceeding that deadline.  
 
If enforcement is delayed at the proposal of judgm ent debtor referred to in Article 71, paragraph 1 
of this Law, the court may delay enforcement until the final and non-appealable termination of civil or other procedure.  
 
If enforcement is delayed at the proposal of a judgment debtor referred to in Article 71, paragraph 2 of this Law, the court may delay enforcement only once for the period that cannot 
exceed 90 days.  
  
Satisfaction in Instalments 
Article 75 
 Parties may agree that a claim is satisfied in instalments. 
 
Levying of enforcement shall be delayed until th e expiration of the deadline determined by the 
agreement on satisfaction in instalments.  
 
 
Continuation of Delayed Enforcement 
Article 76 
 Delayed enforcement shall be continued, ex officio , upon the expiration of the period that it was 
delayed for.  
 
At the proposal of judgment creditor, enforcement procedure shall be continued even prior to the 
expiration of the deadline that it was delayed for, provided that a judgment creditor makes 
probable that reasons for the delay have ceased or if he deposits a surety.  
  IP/N/1/MNE/O/5 
 
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  Termination of Enforcement 
Article 77 
 In addition to other cases envisaged by this Law, enforcement shall be terminated, ex officio , also 
when an enforceable document has been cancelled,  altered, annulled or abrogated, by a final and 
non-appealable decision, or if a certificate of enforcement was cancelled.   
Enforcement shall be terminated, if during enforcement procedure, as long as enforcement is not 
levied, proofs are collected on circumstances indicating that claim has ceased due to the ruin of the asset subject to enforcement, death of a na tural person being a party without heirs, or 
dissolution of the legal entity that does not have legal successor, set-off of claims, and other 
similar cases.  
 Ruling on termination of enforcement shall cancel  all performed enforcement actions, if they do 
not affect the acquired rights of third persons.  
  
X COUNTER-ENFORCEMENT 
 
Reasons for Counter-Enforcement 
Article 78 
 
When enforcement is levied, a judgment debtor ma y request from the court, in the form of a 
petition for counter-enforcement, to oblige a judgmen t creditor to return what he received through 
enforcement, if: 
1) enforceable document is cancelled, altered, annulled or abrogated by a final and non-
appealable decision; 
2) during the enforcement procedure, he voluntarily satisfied a claim of judgment 
creditor; 
3) writ of enforcement is cancelled or altered by a final and non-appealable decision; 4) it is determined by a final and non-appe alable court decision that enforcement is 
inadmissible.  
 A petition for counter-enforcement may also be su bmitted by a third person who proves his right 
on the asset subject to enforcement that preven ts enforcement by a final and non-appealable 
court decision that declares enforcement as inadmissible.  
Petition for counter-enforcement due to the reason s referred to in items 1, 3 and 4 of paragraph 1 
of this Article may be submitted within 15 days from the day of submitting the decision to a judgment debtor, and due to the reasons referred to in  item 2, paragraph 1 of this Article, within 
15 days from the day of terminating enforcement procedure.  
 
Judgment debtor cannot satisfy his claim in a civil procedure prior to expiration of the deadlines 
referred to in paragraph 3 of this Article. 
 
 
Procedure based on Counter -Enforcement Petition 
Article 79 
 The court shall submit a petition for counter-enforcement to a judgment creditor and order him to make a statement thereon within five days from the day of receiving it.  
 
The court shall order, by a writ of counter-enforcement, to a judgment creditor to return to a judgment debtor, within five days, what he has received through enforcement and at the same 
time, the court shall order enforcement for the purpose of satisfaction of that claim. A public 
enforcement officer shall levy enforcement based on the writ of the court.   
Complaint against the writ referred to in paragraph 2 of this Article shall not withhold its 
enforcement, unless the judgment creditor submit ted a surety along with the complaint in the 
amount of the claim.   IP/N/1/MNE/O/5 
 
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  If enforcement is levied for the purpose of collecti ng monetary claim, the court shall at the petition 
of judgment debtor determine the payment of defa ult interest at the prescribed rate on the 
amount of monetary assets that the enforcement wa s levied on from the day of the submission of 
the petition for counter-enforcement to the day of returning the assets.   
 
 
Impossibility to Have Counter-Enforcement 
Article 80 
 Petition for counter-enforcement shall not be adopted if the return of asset is requested, with respect to which such material or legal changes have occurred making the return impossible.  
 
In the case referred to in paragraph 1 of this Ar ticle, judgment debtor may exercise his right to 
damage compensation in a civil procedure also prior to the expiration of the deadline for 
submission of the petition for counter-enforcement.  
  
 
ENFORCEMENT TO SATISFY MONETARY CLAIM 
 
XI ENFORCEMENT ON MOVABLES 
 
1. Exemptions from Enforcem ent and Enforcement Actions 
 
Exemptions from Enforcement 
Article 81 
 
Assets subject to enforcement cannot be: 
1) clothing, footwear, undergarment and other things for personal use, bed linen, 
utensils, home appliances, furniture necessary to the judgment debtor and members of his household; 
2) food and fuel needed by the judgment de btor and members of his household for three 
months; 
3) cash of judgment debtor who has regular monthly earnings up to the monthly amount 
exempted from the enforcement according to  the law, in proportion to the time 
remaining until the next earnings; 
4) decorations, medals, certificates of war service and other marks of honour and 
awards, personal correspondence, manuscripts and other personal documents of the 
judgment debtor, as well as family photographs;  
5) appliances of a disabled person necessary for his living; 6) Postal delivery or postal money order directed to the judgment debtor cannot be 
subject to enforcement before delivered to him. 
  
Enforcement Actions 
Article 82 
 
Enforcement on movables shall be levied by taking  inventory and appraisal of assets, by the sale 
of assets and satisfaction of judgment creditor from the proceeds obtained by the sale.    
2. Taking of Inventory and Appraisal of Assets 
 
Notification of Inventory 
Article 83 
 Just before starting the taking of inventory, a public enforcement officer shall deliver to a 
judgment debtor a writ of enforcement and shall invite him to pay the amount the enforcement is 
ordered for, together with interest and costs.  If it was not possible to deliver a writ of enfo rcement to a judgment debtor on the occasion of 
taking of inventory, it shall be left at the place where inventory is taken.  IP/N/1/MNE/O/5 
 
- 24 - 
 
   
Judgment creditor shall be informed about the time and place of taking inventory, if he requested 
so.  
Absence of parties shall not prevent the inventory to take place. 
 A party not attending the inventory shall be  informed about the taken inventory.  
 
 
Assets subject to Ta king of Inventory 
Article 84 
 
Inventory of the assets in possession of a judgment debtor shall be taken, as well as of his assets in possession of judgment creditor or third persons.  
 
If a third person does not inform a public enforcement officer about his rights on movable asset in possession of judgment debtor that is subject to enforcement and does not prove his rights 
thereon, it shall be considered that such rights of third person do not exist and that the judgment 
debtor is the owner of asset in his possession.    
Scope of Inventory 
Article 85 
 
Inventory shall be taken of such a number of assets necessary to satisfy a claim of judgment 
creditor and enforcement costs.    
Inventory shall be primarily taken of assets that a note has not been made regarding the existence 
of rights that would prevent enforcement and of assets that can be most easily converted into cash.   
During the inventory, statements and proofs of parties and third persons about the existence of 
the right referred to in paragraph 2 of this Article shall be taken into consideration.   
Enforcement on another asset and not on the one included in the inventory at the proposal of 
judgment creditor may be additional levied, if there is a significant disproportion between the value of that asset and the amount of the claim.  
 
 
Safekeeping of Inventoried Assets 
Article 86 
 
A public enforcement officer shall decide on th e manner of safekeeping or storing inventoried 
assets.  
 
Judgment creditor may ask for the registration of th e acquired security interest on the inventoried 
asset in accordance with law. 
 
It shall be clearly designated on inventoried assets safe-kept by a judgment debtor that they have been taken into inventory.   
Risk of ruin or damage of assets safe-kept by  a judgment creditor shall be borne by a judgment 
creditor, unless ruin or damage is caused by force majeure.  
Cash, securities and valuables shall be deliv ered to a public enforcement officer.  
 Other assets of greater value shall be delivered to a public enforcement officer, if they are suitable 
for such a manner of safekeeping.  
  IP/N/1/MNE/O/5 
 
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  Prohibition to Dispose of Inventoried Assets 
Article 87 
 It shall be prohibited to dispose of inventoried assets.  
 
The prohibition referred to in paragraph 1 of this Article shall be included in a writ of enforcement, as well as a warning to a judgment debtor about criminal law consequences of acting contrary to 
the prohibition.  
  
Effect of Inventory 
Article 88 
 
Judgment creditor shall acquire by inventory a security interest on the inventoried assets. 
 
When the inventory is taken for the benefit of se veral judgment creditors, the seniority order of 
the security interest acquired by inventory or note in the minutes on inventory shall be determined 
based on a day when the enforcement petition is received, and if enforcement petitions are 
received on the same day, their security inte rests shall have the same seniority order.  
 If the enforcement petition is sent by a registered mail, the day of delivering it to a post office 
shall be considered as a day of receiving it by a public enforcement officer.  
  
Unsuccessful Inventory 
Article 89 
 
If during the inventory, assets that may be subject to enforcement are not found, a public 
enforcement officer shall inform thereof a judgmen t creditor who did not attend the taking of 
inventory.   
A public enforcement officer may, within 30 days from the day or receiving the notification on 
unsuccessful inventory or from the day of unsuccessful inventory he attended, propose that the inventory is taken again.  The public enforcem ent officer may also take again the inventory 
without the proposal of the judgment creditor. 
 If judgment creditor fails to propose for the inventory to be taken again within the deadline 
referred to in paragraph 2 of this Article or if duri ng the inventory to assets are found that could be 
subject to enforcement, the enforcement shall be terminated.   
Appraisal 
Article 90 
 
Appraisal of assets may also be done simultaneously with the taking of inventory.  
 Public enforcement officer shall have the appraisal done by an expert he appoints, and he may 
also have the appraisal done by obtaining the report on price from relevant authorities and 
institutions.   Judgment creditor and judgment debtor may dete rmine the value of assets based on mutual 
agreement.  
  
Minutes of Taken Inventory and Appraisal 
Article 91 
 
Minutes shall be made of taken inventory and appraisal. 
 The minutes shall especially include, inter alia , individually inventoried assets with their appraised 
value and statements of parties and participants in  the procedure, as well as statements of third 
persons regarding the existence of the right preventing the enforcement.  IP/N/1/MNE/O/5 
 
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Note instead of Inventory 
Article 92 
 
If, upon the inventory, enforcement is ordered on inventoried assets for satisfaction of another claim of the same judgment creditor or for satisfaction of claim of another judgment creditor, 
repeated inventory and appraisal of such assets shall not be taken, but a note shall be made to the 
minutes including data from the later writ of enforcement.    
3. Sale of Assets 
 
Time of Sale 
Article 93 
 The sale of inventoried assets shall be carried out after a writ of enforcement becomes final and 
non-appealable, unless a judgment debtor suggests or accepts at the proposal of judgment 
creditor that the sale is done in advance, or if those are perishable assets, or if there is a danger from significant reduction of the value of inventoried assets.  
At least 15 days must run from the day of taking inventory to the day of sale.  
  
Manner of Sale 
Article 94 
 
Sale of assets shall be done by verbal  public auction or direct agreement.  
 A public enforcement officer shall determine the manner of sale of assets, taking into consideration that the highest possible conversion into cash of asset is obtained.   
 
The sale through public auction shall be ordered especially in case of assets of greater value, and it may be expected that the assets shall be sold at a price higher than the appraised value.  
 
Judgment creditor and judgment debtor may, during the entire procedure, agree on the sale through direct agreement and conditions of such a sale.  
 
Contract of sale by direct agreement shall be co ncluded between the buyer on one side and public 
enforcement officer or person performing commission contract activities, on the other side.  
The sale of assets shall be published in mass media outlets at the latest 15 days prior to the day of 
holding a hearing for public sale.  
Judgment creditor and judgment debtor shall be info rmed on a place, day and hour of the sale.   
  
Sale Price 
Article 95 
 Inventoried assets cannot be sold below the appraised value at the first auction or within the 
deadline that a public enforcement officer has de termined for the sale by direct agreement. 
 Parties and lienors may reach an agreement, by way of statement issued to the minutes before the 
public enforcement officer carrying out the enforcement procedure, that inventoried assets may 
also be sold at the first public auction at the price below the appraised value.  
If at the first public auction, the price in the amount of the appraised value is not reached, a public 
enforcement officer shall determine a second public auction, to take place within a period that cannot be shorter that 15 nor longer that 30 days, at which assets can be sold below the appraised value, but not below one third of that value.  
 IP/N/1/MNE/O/5 
 
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  If at the second public auction the price in the amount of the appraised value is not reached, the 
public enforcement officer shall determine a new auction to take place within a period that cannot be shorter that 15 nor longer that 30 days, at which assets can be sold below the appraised value, without limitations, with a prior consent of the judgment creditor. 
 
If there was no sale at the repeated auction, the public enforcement officer shall invite judgment creditor to forthwith and no later than within five days, state whether he proposes a sale by direct 
agreement. 
 If direct agreement is started after three fails public actions, the sale price shall be subject to agreement between parties to the contract on sale and no consent shall be requested thereto from 
the judgment debtor. 
  
Obligations and Rights of the Buyer 
Article 96 
 
Buyer shall be obliged to pay the price and take over the assets immediately after the completion 
of public auction or sale by direct agreement.  Public enforcement officer may deliver the assets to the buyer also in case when he did not pay 
the price, if a judgment creditor accepts it, at his own risk, within the amount he would get from 
the reached price.  
By taking over the assets, the buyer shall become their owner.  
  
4. Satisfaction 
 
Satisfaction of Judgment Creditor in case of a Single Judgment Creditor 
Article 97 
 
If only one judgment creditor is to be satisfied from the proceeds of the sale, a public enforcement 
officer shall order, in the form of a conclusion, without holding a hearing, the satisfaction using the 
proceeds from the sale and seized money in the following order: enforcement procedure costs, 
costs determined in enforceable document, interest up to the day of sale of assets and principle claim.  
 
The amount of the sale price remaining after the satisfaction referred to in paragraph 1 of this 
Article shall be given to a judgment debtor, if there are no obstacles to that effect.  
 
Satisfaction of Judgment Creditor in  case of Several Judgment Creditors 
Article 98 
 
Several judgment creditors shall be satisfied in the order they acquired security interest, unless seniority right for satisfaction of certain claims are prescribed by law.  
 
Judgment creditors of the same class, who ca nnot be fully satisfied, shall be satisfied 
commensurate with the amounts of their claims.   
Enforcement procedure costs, costs based on enforceable document, and interest shall have the 
same seniority order as the principal claim.   
When adopting the conclusion on satisfaction, a public enforcement officer shall take into 
consideration only those claims for which a writ of enforcement has become final and non-appealable until the day of selling the inventoried assets.  
 
The amount of the sale price remaining after the satisfaction shall be given to a judgment debtor, 
if there are no obstacles to that effect.   
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  Termination and Deletion of Registered Pledge 
Article 99 
 After the payment of sale price, the buyer referred  to in Article 96 of this Law may request the 
deletion of a security interest on the basis of a conclusion determining that the sale price has been 
paid.   
 
Satisfaction by Awarding an  Asset to Judgment Creditor 
Article 100 
 
If it was not possible to sell an asset at the second hearing for public auction or by direct 
agreement within the deadline determined by a pu blic enforcement officer, a public enforcement 
officer shall award, at the proposal of judgment creditor, the asset to a judgment creditor. 
 
It shall be considered in case referred to in paragraph 1 of this Article that a judgment creditor is satisfied in the amount corresponding to the amount of appraised value of the asset.  
 
 
Application of Provisions on Enforcement on Immovables 
Article 101 
 
Provisions Articles 177, 190, 191, and 197 of this Law shall apply on enforcement on movables for the purpose of satisfying monetary claim.  
 
  
XII ENFORCEMENT AGAINST MONETARY CLAIMS OF A JUDGMENT DEBTOR 
 
Exemption from Enforcement and Enforcement Restrictions 
 
Exemption from Enforcement 
Article 102 
 
The following shall be exempted from enforcement: 
1) Proceeds on the account of legal subsistence, damage compensation resulting from impaired 
or diminished health or loss of work ability and due to loss of subsistence resulting from a 
death of subsistence provider; 
2) Proceeds on the account of benefits due to bodily impairments in accordance with disability 
insurance regulations; 
3) Proceeds on the account of welfare assistance; 
4) Proceeds on the account of temporary unemployment; 
5) Proceeds on the account of child allowance; 6) Proceeds on the account of scholarships and assistance to pupils and students; 
7) Compensation for work of a convicted person serving a sentence of imprisonment, except 
for claims on the account of legal subsistence, as well as claims resulting from damage compensation caused by crimes committed by a convicted person; 
8) Other claims where law prohibits the transfer thereof. 
  
Enforcement Restrictions 
Article 103 
 Enforcement against wages and pensions, as well as wage replacement compensation may be 
ordered and levied up to the amount corresponding to one-half of such earnings. 
 Enforcement may be levied against the minimum wage that judgment debtor receives in 
accordance with law up to the amount corresponding to one-third of such wage. 
 Enforcement against earnings of disabled wartime and peacetime veterans resulting from disability benefits, orthopaedic device allowances and disability allowances may be levied only for claims 
arising from legal subsistence, compensation for damages resulting from impaired or diminished IP/N/1/MNE/O/5 
 
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  health or loss of work ability and due to loss of  subsistence resulting from a death of subsistence 
provider, up to the amount corresponding to one-half of such earnings.  Enforcement against earnings arising from monetary annuity income, lifelong annuity income, 
lifelong sustenance contract, as well as earnings resulting from life insurance contracts, may be 
levied only on such part that does not exceed th e amount of the highest financial support paid on 
the territory where the judgment debtor has habitual residence. 
 
 
2. Enforcement Actions 
 
Levying Enforcement 
Article 104 
 
Enforcement against monetary claims shall be levied by way of moratorium on and transfer of 
claims, unless otherwise stipulated for specific cases under this Law.  
The petition may request that only a moratorium on monetary claims is ordered. 
 In the case referred to in paragraph 2 of this Article, a judgment creditor may file a petition for transfer of claims, within 15 days following th e day being serviced the moratorium ruling on 
monetary claim (hereinafter referred to as the moratorium ruling) or following the day when notice 
on statement of debtor of the judgment debtor is serviced to him.  
If the judgment creditor fails to submit such petiti on referred to in paragraph 3 of this Article, the 
enforcement shall be terminated.  
 
Scope of Enforcement 
Article 105 
 
Moratorium on and transfer of monetary claims may be ordered and levied only for the amount 
required to satisfy claim of the judgment cred itor, unless indivisible claim is in question. 
 
If several judgment creditors request enforcement against the same divisible claim, the 
moratorium on and transfer of shall be ordered in  corresponding amounts, for the benefit of each 
judgment creditor separately. 
 
 
3. Moratorium on Claims 
 
Effect 
Article 106 
 
The moratorium ruling shall prohibit to a debtor of the judgment debtor to satisfy the claim for 
which the moratorium is ordered to the judgment debtor, while the judgment debtor shall be prohibited to collect such claim or otherwise dispose thereof. 
 
The moratorium on claim shall also cover disposal over pledge contracted for claim under moratorium.  
It shall be deemed that the moratorium on claim is  levied on the day of service of process of the 
moratorium ruling to the debtor of the judgment debtor.   
The judgment creditor shall acquire a right of ple dge on the claim of the judgment debtor by way 
of moratorium on claim, if such claim is under moratorium upon his petition.  
The debtor of the judgment debtor shall have no right to lodge a complaint against the moratorium 
ruling.   IP/N/1/MNE/O/5 
 
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  Right of Pledge on Interest 
Article 107 
 Right of pledge acquired on claim having an incurring interest shall also apply to interests due 
after the moratorium. 
  
Seniority Order of Security Interests 
Article 108 
 Seniority order of security interests of several ju dgment creditors shall be established according to 
the day of receipt of an enforcement petition. 
 If the enforcement petition is dispatched via post al service by registered mail, the day of delivery 
to the postal service shall be considered as the day of delivery to a public enforcement officer. 
 If the public enforcement officer receives petiti ons for enforcement of several judgment debtors on 
the same day, their respective pledge rights shal l be ranked pari passu in terms of seniority. 
 In the case referred to in paragraph 3 of this Article, the claims shall be satisfied proportionately, if cannot be satisfied in full. 
 
If levying the enforcement against monetary claims results in pledge and other rights acquired before the opening of the proceedings cease to have  effect, the seniority in satisfying such rights 
shall be established in line with regulations governing ranking of seniority outside of the 
enforcement proceeding.  
 
Statement of Debtor of the Judgment Debtor 
Article 109 
 
A public enforcement officer shall, upon a proposal of a judgment creditor, order to a debtor of the 
judgment debtor to make statement, within such deadline as established by the public 
enforcement officer, on whether accepts and what amount of claim under moratorium accepts and 
whether is willing to settle it, as well as whether his obligation to settle such claim is subject to 
conditions precedent for some other undertakings.  
The judgment creditor may combine the petition for statement of the debtor of the judgment 
debtor with the enforcement petition or provide it  under separate motion following such petition 
but no later than before the transfer is executed.  
The statement of the debtor of the judgment debt or shall be serviced to the judgment creditor 
forthwith.  
 
Liability of a Debtor of the Judgment Debtor 
Article 110 
 
Debtor of the judgment debtor shall be liable to a judgment creditor for damage caused by failure to make statement or for making false or incomplete statement.  Public enforcement officer shall forewarn the debtor of the judgment debtor of such his liability. 
 
 
Moratorium on Claims Secured by Security Interest Registered in Public Records 
Article 111 
 Moratorium on claims secured by security interests registered in public records shall be levied by 
way of registration of the moratorium in such public records. 
 Registration shall be performed ex officio , along with note that the moratorium, used to establish 
the security interest on the claim, is ordered to satisfy claims of the judgment creditor. 
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  If there are several judgment creditors, the seniority of their claims shall be established according 
to the registration time.   
4. Transfer of Claims 
 
Types of Transfers 
Article 112 
 Claims under moratorium shall be transferred to  the judgment creditor upon his petition for 
collection or instead of payment. 
 
If the judgment creditor fails to define explicit ly the type of transfer of claim referred to in 
paragraph 1 of this Article, it shall be deemed as the petition is made for collection. 
 
 
Conclusion on Transfer 
Article 113 
 Upon a proposal of the judgment creditor, the public enforcement officer shall make a conclusion on transfer of claims to the judgment creditor. 
 
The conclusion on transfer shall invite the debtor  of the judgment debtor to deposit the amount of 
the debt with the public enforcement officer by way of payment to a designated account and to 
notify the public enforcement officer thereof. 
 If the judgment creditor proposes for the debtor of the judgment debtor to make statement on the 
claims against which the enforcement is proposed, the public enforcement officer shall make a 
conclusion on the petition for transfer upon expiry of the five-day period following the day when the notification on statement of the debtor of the judgment debtor is serviced to the judgment 
creditor. 
 
 
Special Conditions for Transfer of Clai ms Partially Exempt from Enforcement 
Article 114 
 The claim partially exempt from enforcement or al ready under moratorium for the benefit of other 
persons shall be transferred after the judgment credit or deposits surety that will transfer the part 
exempt from enforcement to the public enforcement officer.   
Special Conditions for Transfer of Divisible Claims 
Article 115 
 
Transfer of monetary claim may be ordered and levied only in such amount required to satisfy the 
claim of the judgment creditor.  
If several judgment creditors are requesting at the same time the enforcement against the same 
divisible claim, the transfer shall be ordered in  appropriate amounts and for the benefit of each 
judgment creditor separately.  
 
Undertakings of the Judgment Debtor and Judgment Creditor 
Article 116 
 
Judgment debtor shall be obliged to, upon request of the judgment creditor to whom the claim is 
transferred, provide explanations required by th e judgment creditor in order to realize claims, 
within the deadline stipulated by the public enforc ement officer, and to transfer documents relative 
to the claim through the public enforcement officer.  The judgment creditor, to whom a part of the claim is transferred, shall be obliged to, if so 
requested by the judgment creditor, deposit surety within the deadline set forth by the public IP/N/1/MNE/O/5 
 
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  enforcement officer in order to guarantee that up on the execution of claim will return documents 
relating to such claim.  The public enforcement officer shall, upon a proposal of the judgment creditor, levy enforcement 
against the judgment debtor aimed at delivery of documents, if he fails to do so directly. 
 The judgment creditor may request the delivery of documents held by a third party refusing or 
avoiding to deliver them by way of a court claim, if a judgment debtor would have been entitled to 
do so.  The public enforcement officer shall enter a registrati on note, that the transfer of claim executed is 
subject of the enforcement, in the document  being delivered to the judgment creditor. 
  
Depositing Claims 
Article 117 
 
The debtor of the judgment debtor served the writ  of enforcement or conclusion on transfer of 
claim shall meet his obligations by depositing money with the public enforcement officer levying the enforcement.  
If another person, in addition to the judgment cred itor, also acquires some rights concerning the 
transferred claim, the debtor of  the judgment debtor may deposi t with the public enforcement 
officer the entire amount of such claim or only due amount on behalf of such persons. 
 
In the case referred to in paragraph 2 of this Arti cle, the judgment creditor may invite the debtor 
of the judgment debtor through the public enforcement officer to deposit the amount of 
transferred claim with such public enforcement officer. 
   
5. Transfer for Collection purposes 
 
Authorisations of the Judgment Creditor 
Article 118 
 The judgment creditor shall be authorised by way of  the transfer of claims for collection purposes 
to request from the debtor of the judgment debtor the payment of the amount stated in the 
conclusion on transfer, if such amount is due, to  carry out all actions necessary in order to protect 
and levy transferred claim and to use rights related to the pledge issued as a security for such claim. 
 
The judgment creditor shall not be authorised by way of the transfer of claim for collection purposes to conclude a settlement against the judgment debtor, to write-off debt of the judgment 
debtor or to otherwise dispose with transferred claim,  or to enter into a contract with the debtor of 
the judgment debtor stipulating that a selected court is to make a ruling concerning the claim, if such claim is disputed. 
 
The debtor of the judgment debtor may lodge a co mplaint with the judgment creditor to whom the 
claim is transferred for collection purposes that would otherwise be able to be lodged with the judgment debtor. 
 
Ceding of transferred claim by the judgment debtor after the transfer is executed shall have legal 
effect over rights acquired by the judgment creditor by way of transfer. 
 
Once the claim is transferred to the account of  the judgment creditor, the public enforcement 
officer shall be immediately obliged to transfer funds as they become due to the judgment 
creditor. 
  IP/N/1/MNE/O/5 
 
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  Transfer for Collection of Claim Re gistered in the Public Records 
Article 119 
 Transfer for collection of claim registered in the public records shall be registered ex officio . 
 
 
Conditionality on the Obligation of the Ju dgment Debtor by Hand over of Property 
Article 120 
 If the obligation of the debtor of the judgment debtor to pay the claim is conditioned by the 
obligation of the judgment debtor to hand over a ce rtain property that is in the possession of the 
judgment debtor, and such obligation is establishe d by a final and non-appealable judgment, the 
public enforcement officer shall, upon a proposal of the judgment creditor to whom the claim is transferred for collection, decide that the judgmen t debtor shall hand over such property to the 
public enforcement officer in order for it to be handed over to the debtor of the judgment debtor. 
 Upon a proposal of the judgment creditor, the public enforcement officer shall levy enforcement 
against the judgment debtor, who failed to hand ov er the property within the specified deadline, 
aimed at handing over of such property.   
Notice to the Judgment Debtor concerning the Court Claim for Collection of the 
Transferred Claim 
Article 121 
 
The judgment creditor who lodged a court claim for collection of the transferred claim shall be obliged to notify forthwith the judgment debtor on the initiated legal proceedings, who would 
otherwise be liable to the judgment creditor for damages caused by failure to do so. 
  
Late Collection of the Transferred Claim 
Article 122 
 
The judgment creditor that fails to take proper care over the collection of the transferred claim 
shall be liable for damages made thereby to another judgment creditor whose claim is the reason 
for claim of the judgment debtor being under mora torium or is liable for damages to the judgment 
debtor. 
 
In the case referred to in paragraph 1 of this Article, the public enforcement officer may, upon a proposal of another judgment creditor, cancel the conclusion on transfer of claims to a defaulted judgment creditor and transfer cl aim to another judgment creditor. 
 
 
Satisfaction of the Judgment Creditor 
Article 123 
 Judgment creditor to whom the claim is transferred for collection purposes shall be satisfied for the 
amount corresponding to such collected claim. 
  
Collection of the Amount through the Claim of the Judgment Creditor 
Article 124 
 The judgment creditor who collected more from the transferred claim that his claim amounts to, 
shall be obliged to deposit such excess collected amount with the public enforcement officer. 
 The public enforcement officer shall hand over such excess collected amount to other lienors and 
judgment debtor, if they are entitled to receive them. 
 The public enforcement officer shall return de posited surety to the judgment creditor who 
deposited the excess collected amount  
 IP/N/1/MNE/O/5 
 
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Transfer instead of a Payment 
Article 125 
 
Claim under moratorium shall be transferred instead of a payment to the judgment creditor up to 
the transferred amount, having the effect of ceding of claims with compensation.  
If the transferred claim is secured by a security in terest registered in public records, the public 
enforcement officer shall, ex officio , transfer right of the judgment debtor to the judgment 
creditor, and delete the security interest regi stered for the benefit of the judgment debtor. 
 
The judgment creditor to whom the claim was transferred instead of the payment shall be 
considered as satisfied by way of such transfer, commensurate to the amount of such claim.  
Provision of paragraph 3 of this Article shall be without prejudice to rules on liability of the 
judgment debtor for authenticity and co llectability of transferred claim. 
 
 
6. Special Provisions on Enforcement ag ainst Wages and Other Constant Monetary 
Earnings 
 
Writ of Enforcement against Wages 
Article 126 
 
The writ of enforcement against a wage shall levy the moratorium on certain part of the wage and 
shall order to a: state authority, legal entity or another employer paying the wage to a judgment debtor (hereinafter referred to as the employer) to pay or pay in future to the judgment creditor 
the monetary amount corresponding to the ordered enforcement. 
 The employer shall be obliged to pay the amount ordered under the enforcement to the account of 
the public enforcement officer, who in turn shall be obliged to transfer such funds within one day 
to the account of the judgment creditor. 
 For the purpose of this Law, the wage shall consis t of all labour-based earnings of the employee. 
 
 
Wage Increase 
Article 127 
 The writ of enforcement against wage shall also refer to a wage increase occurring after the serving of the writ of enforcement. 
 
 
Subsistence Right of Several Persons 
Article 128 
 If the right for statutory subsistence or the right to annuity income for loss of subsistence resulting 
from death of the subsistence provider over the same judgment debtor lays with several persons, 
and if the total amount of their claims exceeds the part of the wage that could be the subject to enforcement, the enforcement shall be ordered an d levied for the benefit of each such judgment 
creditor commensurate to the level of their claims. 
 
If after the commenced levying of the enforcemen t against the wage or other constant monetary 
earning a new petition for enforcement against claims referred to in paragraph 1 of this Article is 
lodged, the public enforcement officer shall amend previously issued writ of enforcement within 
the meaning of paragraph 1 of this Article and shal l determine the amount to be paid in future to 
individual judgment creditors. 
 
In the case referred to in paragraph 2 of this Articl e, the writ of enforcement shall be also serviced 
to the earlier judgment creditor, who may lodge a complaint against such writ.  
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  Place of Payment 
Article 129 
 The judgment creditor or public enforcement officer may collect claims for which cashless payment 
is not stipulated directly at the cashier’s desk where the wage of the judgment debtor is paid. 
 The judgment creditor shall be entitled to request the withheld amount to be paid via postal 
service, at the stated address, after deduction of postal service fees. 
  
Change of the Employer 
Article 130 
 When the employment of the judgment debtor is terminated, the writ of enforcement against the 
w a g e  s h a l l  a l s o  h a v e  e f f e c t  w i t h  a n o t h e r  e m p l o y e r  w i t h  w h o m  t h e  j u d g m e n t  d e b t o r  a f t e r w a r d s  
enters into employment and so from the day of the service of process to such employer of the writ 
of enforcement against the wage. 
 
The former employer of the judgment debtor shall be obliged to deliver forthwith, via registered 
mail, the writ of enforcement against the wage to  the employer with whom the judgment debtor 
entered into employment and shall notify thereof th e public enforcement officer levying the writ of 
enforcement. 
 If the former employer of the judgment debtor is  not aware of the new employer of the judgment 
debtor, he shall inform forthwith the public enforc ement officer, and the public enforcement officer 
shall notify thereof the judgment creditor.  
 
Liability for Failure to Withhold and Payout Due Instalments 
Article 131 
 
The public enforcement officer shall, upon a proposal of the judgment creditor, order by way of a 
ruling to the employer to satisfy all instalments that failed to withhold and payout against the wage under the writ of enforcement. 
 
The judgment creditor may lodge the proposal referred to in paragraph 1 of this Article until the enforcement proceedings are finalised 
 
The employer who failed to act in accordance with the writ of enforcement against the wage or failed to act in accordance with the Article 130 of  this Law shall also be liable for damages incurred 
by the judgment creditor. 
 
 
Moratorium upon a Consent of the Judgment Debtor 
Article 132 
 Moratorium levied on the wage of the judgment debtor upon his consent (hereinafter referred to 
as the garnishment) shall have a legal effect of a writ of enforcement against a wage only if issued 
before the adoption of the writ of enforcement.  Notwithstanding provisions of paragraph 1 of this Article, the garnishment shall have no effect on 
levying of the enforcement against the wage in order to satisfy claims resulting from the legal 
subsistence, damage compensation resulting from impaired or diminished health, or loss of work ability or due to loss of subsistence resulting from death of the subsistence provider. 
 
 
Enforcement on Other Constant Earnings 
Article 133 
 Provisions of Articles from 136 to 132 of this Law shall apply accordingly to enforcement against earnings resulting from social insurance and other constant monetary earnings. 
 IP/N/1/MNE/O/5 
 
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Application of Provisions 
Article 134 
 
Provisions of Articles from 102 to 125 of this Law shall apply on the enforcement against wages, 
earnings from social insurance and other constant monetary earnings, unless otherwise stipulated by provisions of this sub-chapter. 
 
 
7. Enforcement for Collection against Savings Deposit and Current Account 
 
Enforcement for Collection against Savings Deposit 
Article 135 
 
Enforcement levied for collection of claims against savings deposit shall be made by way of 
moratorium and payment.  
Judgment creditor who makes the enforcement petiti on for collection against savings deposit with 
a bank or financial organisation shall be obliged to state data on the savings deposit, as well as the 
account number and name of the bank or financia l organisation where the judgment debtor holds 
the savings deposit. 
 
If the judgment creditor fails to submit required da ta referred to in paragraph 2 of this Article, the 
public enforcement officer may request data from the bank or financial organisation holding the 
savings deposit, which must be stated by the judgment creditor in his petition. 
 The bank or financial organisation referred to in paragraph 3 of this Article shall be obliged 
forthwith to provide requested data to the public enforcement officer and must not notify the 
judgment debtor that such data is being requested.  It shall be deemed that the moratorium is execut ed on the day and hour of the service of process 
of the moratorium ruling to the bank or financial organisation holding the savings deposit. 
 The public enforcement officer shall service the moratorium ruling against the savings deposit to 
the judgment debtor only following the notification from the bank or financial organisation holding 
his savings deposit to the public enforcement officer that the moratorium was executed.  
The satisfaction of the judgment creditor shall be executed in accordance with Articles from 104 to 
125 of this Law.   
Enforcement against Current Account  Funds of the Judgment Debtor 
Article 136 
 
Provisions of Article 135 of this Law shall apply accordingly to enforcement against funds on a 
current or other account of the judgment debtor.  
 
8. Enforcement against Shares 
 
Enforcement Actions 
Article 137 
 Enforcement against shares and holdings in a business organisation shall be levied by way of 
registration and acquisition of security interest in form of seizure, appraisal, sale and satisfaction 
of the judgement creditor.  
 IP/N/1/MNE/O/5 
 
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  Enforcement against Shares 
Article 138 
 The seizure of securities subject to enforcement shal l be executed by way of adoption of a writ of 
enforcement against securities. 
 The writ shall be delivered to the judgment cred itor, judgment debtor and the Central Depository 
Agency. 
 The judgment creditor shall acquire security intere st over a seized security as of the time of 
registration. 
 
The Central Depository Agency shall, upon receipt of the ruling on seizure or upon request of the judgment creditor, forthwith register the security interest on securities.  Third parties cannot act in 
good faith from the moment of registration concerni ng the existence of the security interest of the 
judgment creditor.  
 
Sale and Appraisal of Shares 
Article 139 
 
A public enforcement officer shall establish the value of shares. 
 If share is listed on the stock exchange, its value shall be established as the average price of share 
on the stock exchange over the last 30 days, based on the stock-exchange report.   
 If share is not listed at the stock exchange or the value cannot be established in the manner 
referred to in paragraph 2 of this Article, the public enforcement officer may engage an expert 
person to appraise the value.  If shares are traded on the stock exchange th ose shall be converted into cash on the stock 
exchange.  Shares listed on the stock exchange shall be sold through an authorised securities 
market participant as determined by the judgm ent creditor or public enforcement officer. 
 
Shares can also be sold in another manner envisaged by law governing trade in shares. 
 Provisions of Articles from 90 to 101 of this Law sh all apply to appraisal and sale of share, as well 
to satisfaction of the judgment creditor from realised price. 
  
9. Enforcement against Other Securities 
 
Enforcement Actions 
Article 140 
 
Enforcement against other securities shall be levied by way of seizure of claims from securities and by transfer. 
 
 
Seizure of Claims 
Article 141 
 
Seizure of claim based on a security being transf erred by endorsement or where such security is 
required for its realisation, shall be levied in such manner where public enforcement officer seizes 
such security from the judgment debtor. 
 The public enforcement officer shall carry out legal actions required for safeguarding or exercising 
rights arising from securities referred to in paragraph 1 of this Article on behalf of the judgment 
debtor.   IP/N/1/MNE/O/5 
 
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  Transfer of Claims 
Article 142 
 The transfer of claim based on a security being transferred by endorsement or where is required 
for such security to be submitted in order to be executed, shall be levied once the public 
enforcement officer places a transfer notice on such security and hands over the security covered by such notice to the judgment creditor. 
 
Claims based on the security being transferred by  endorsement or where is required that such 
security is provided for its realisation, or which cannot be divided for the purpose of being transferred or levied for other reasons, may be transferred only in their full amount. 
 
If the amount referred to in paragraph 2 of this Article exceeds the level of the judgment creditor’s 
claim, the claim under moratorium shall be transf erred after judgment creditor deposits a surety 
that such excess amount will be transferred to the public enforcement officer. 
 If several judgment creditors lodged a petition for transfer of claim in different days, the public 
enforcement officer shall transfer the claim to th e judgment creditor who lodged the petition first 
and if several judgment creditors lodged the petition on the same day, the claim will be transferred 
to the judgment creditor having the highest claim.  
Provisions of Articles from 118 to 125 of this La w shall apply to transfer of claims arising from 
securities.  
 
10. Enforcement against Holdings in a Business Organisation 
 
Acquisition of Security  Interest and Seizure 
Article 143 
 The writ of enforcement against holdings in a business organisation organised as a limited liability 
company, general partnership or limited partnership shall be serviced to the judgment creditor, 
judgment debtor and the registry registering busi ness entities, other legal entities and security 
interests on movable assets. 
 
The judgment creditor shall acquire a security interest against holding referred to in paragraph 1 of this Article being subject to enforcement by wa y of registration of the writ of enforcement. 
 
Seizure of holding shall take place simultaneously with the registration referred to in paragraph 2 of this Article.  
The ruling on seizure shall be serviced to the bu siness organisation referred to in paragraph 1 of 
this Article being subject to the seizure of holding.  
The judgment debtor cannot dispose with seized holding in a business organisation from the 
moment of registration.  
 
Appraisal and Sale 
Article 144 
 
Appraisal and sale of holding in a business organisation referred to in Article 143 of this Law shall 
be carried out by applying accordingly provisions of Articles from 90 to 101 of this Law.  
In case of sale of a holding in a limited liability company, the public enforcement officer shall also 
inform members of the company in advance on sale of the holding, containing also an invitation to make statement within 15 days following the receipt of the notice whether they are interested to 
buy the holding. 
   IP/N/1/MNE/O/5 
 
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  XIII ENFORCEMENT AGAINST CLAIM FOR HANDING OVER OF MOVABLE ASSETS OR 
IMMOVABLE PROPERTY 
 
General Rules 
 
Manner of Levying Enforcement 
Article 145 
 
The enforcement against a claim of the judgment de btor concerning the handing over the movable 
asset or immovable property shall be levied by mo ratorium on such claim, by its transfer to the 
judgment creditor and sale of asset. 
 
 
The Effect of Transfer 
Article 146 
 The transfer of claim under moratorium of the judgment debtor shall have effect of the transfer of 
monetary claim of the judgme nt debtor for collection. 
  
Unmatured Claim of the Judgment Debtor and Court Claim against the Debtor of the 
Judgment Debtor 
Article 147 
 
If the claim of the judgment debtor is not matured yet, the public enforcement officer shall order 
assets to be handed over upon maturity.  
Against the debtor of the judgment debtor not w illing to hand over the assets to the public 
enforcement officer, the judgment creditor may, af ter adoption of the conclusion on transfer of 
claim, request the handing over by way of a court claim in case it does not have enforceable document concerning the handing over obligation. 
 
 
Application of Provisions on Enforcement against Monetary Claim 
Article 148 
 Provisions of Articles from 104 to 144 of this Law shall apply accordingly to the enforcement 
against claim requesting handing over of movabl e asset or immovable property, unless otherwise 
stipulated by provisions under this Title.    
 
Movable Assets 
 
Handing over Assets for Safekeeping 
Article 149 
 
Conclusion determining the transfer of claim of th e judgment debtor shall order to the debtor of 
the judgment debtor to hand over a movable asset, subject of the claim, to the public enforcement 
officer or another person for safekeeping.  
Provisions of Article 86 of this Law shall apply accordingly to proceedings concerning assets 
referred to in paragraph 1 of this Article.  
 
Sale of Assets and Satisfacti on of the Judgment Creditor 
Article 150 
 
Sale of movable assets, handed over to the public  enforcement officer or other person referred to 
in Article 149, paragraph 1 of this Law, as well as  satisfaction of the judgment creditor shall be 
executed in accordance with provisions of Articles from 93 to 101 of this Law. 
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Immovable Property 
 
Handing over to the Judgment Creditor 
Article 151 
 Conclusion stipulating transfer of claim of the judgment debtor shall order to the debtor of the 
judgment debtor to hand over the immovable pr operty being subject of such claim to the 
judgment creditor.  Judgment creditor shall be obliged to manage the immovable property with due care and diligence 
of a prudent businessperson, on behalf and for th e account of the judgment debtor, and report to 
the public enforcement officer, upon his request, about the management.  
 
Sale 
Article 152 
 
Judgment creditor may, for satisfying his claim, to propose the sale of the immovable property 
within the deadline that cannot exceed 30 days  following the day of handing over of such 
immovable property. 
 
If the judgment creditor fails to propose timely sale, the enforcement shall be terminated.  
 
Application of Provisions on Enforcement against Immovable Property 
Article 153 
 
Sale of the immovable property, as well as satisfaction of the judgment creditor, shall be carried out in accordance with Articles from 154 to 200 of this Law.  
 
 
XIV ENFORCEMENT AGAINST IMMOVABLE PROPERTY 
 
General Rules 
 
Enforcement Actions 
Article 154 
 Enforcement against immovable property shall be levi ed by registration of the writ of enforcement 
in the immovable property cadastre, determinin g the value of immovable property, sale of 
immovable property, and satisfaction of judgment creditors from sale proceeds. 
 
 
Evidence of Ownership of the Judgment Debtor 
Article 155 
 
Along with the petition for enforcement against immovable property, the judgment creditor needs 
to submit an excerpt from the immovable prop erty cadastre as the evidence of immovable 
property being registered as the ownership of the judgment debtor. 
 
If the right on the immovable property referred to in paragraph 1 of this Article is registered in the immovable property cadastre to another person other than the judgment debtor, the judgment 
creditor shall be obliged to submit such document  suitable for the registration of the ownership 
right of the judgment debtor.  
Public enforcement officer may also obtain documents referred to in paragraphs 1 and 2 of this 
Article, upon a request of the judgment creditor.  IP/N/1/MNE/O/5 
 
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  In the case referred to in paragraph 2 of this Ar ticle the registration shall be performed by the 
administration competent for registration in the immovable property cadastre, upon a request of 
the public enforcement officer.  
 
Immovable Property Co-owned by the Judgment Debtor 
Article 156 
 
The enforcement shall be ordered on the ideal part  of the immovable property being co-owned by 
the judgment debtor.  
With the consent of the all co-owners, except of the judgment debtor, the enforcement may be 
ordered by sale of the entire co-owned immovabl e property to a third party or one of the co-
owners. 
 
In the case referred to in paragraph 2 of this Ar ticle, other co-owners shall be satisfied from the 
proceeds from sale of immovable property befo re judgment creditor is satisfied and before 
enforcement proceedings costs are covered, commensurate to the value of relevant co-ownership 
holding.  This sale of immovable property shall be without prejudice to the pre-emption right of co-owners. 
 
 
Ordering Enforcement by Other Means or against Other Immovable Property 
Article 157 
 Public enforcement officer may order that the enforcement is levied on another immovable 
property other than the one being proposed by the judgment creditor for enforcement or by 
another means of enforcement if there is a sign ificant disproportion between the value of the 
immovable property and amount of claim, while the other immovable property or means of enforcement is sufficient to realise the claim. 
 
If another means of enforcement is ordered, the re gistration of the writ of enforcement against the 
immovable property shall remain effective until the judgment creditor satisfies the claim. 
 
 
Registration of the Writ of Enforcement 
Article 158 
 Writ of enforcement shall be registered in the immovable property cadastre or another adequate 
registration envisaged by regulations governing regi stration of rights over immovable property in 
the immovable property cadastre. 
 The judgment creditor shall acquire right by way of registration referred to in paragraph 1 of this 
Article to satisfy his claim from the immovable property, even in the case that a third party 
acquires ownership right over the same immovable property later on.  
The judgment creditor, who did not obtain earlier a security interest, shall acquire right to be 
satisfied from the immovable property before person s that acquired later the security interest or 
right to satisfaction over such immovable property.  
 
Joining the Enforcement 
Article 159 
 
After the registration of the writ of enforcem ent no separate enforcement proceeding may be 
carried out over the same immovable property for satisfaction of another claim of the same or 
another judgment creditor. 
 The judgment creditor having a claim later ordering the enforcement against the same immovable property shall join an already opened enforcement proceedings. 
 IP/N/1/MNE/O/5 
 
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  One can join the opened enforcement proceedings unt il the adoption of a conclusion on award of 
the immovable property to a buyer in case of di rect agreement sale, or until the adoption of the 
conclusion on transfer of immovable property in case of public auction sale.  
Public enforcement officer shall notify the judgmen t creditor, for whose benefit the registration of 
the writ of enforcement took place earlier,  about joining the enforcement proceedings. 
 
 
Satisfaction of the Lienor 
Article 160 
 
A lienor who did not petition the enforcement shall also be satisfied in the enforcement 
proceedings against immovable property.  
 
Termination of the Security Interest 
Article 161 
 
Security interest registered on immovable proper ty shall be discharged as of the day of handing 
over the immovable property to the buyer.  
Buyer of immovable property and judgment lienor may agree for the security interest to remain on 
the immovable property after handing over of the immovable property, while the buyer shall 
assume debt of the judgment debtor towards the judgment lienor in such amount that he would be 
entitled to in the enforcement proceedings.   
 In case referred to in paragraph 2 of this Article, the sale prices shall be reduced by the amount of 
assumed debt. 
  
Easements and Encumbrances 
Article 162 
 Encumbrances on immovable property shall not be  discharged by sale of the immovable property. 
 
Sale of immovable property shall discharge neither personal easements nor encumbrances registered in the immovable property cadastre be fore rights of judgment lienors and rights for 
satisfaction of judgment creditors on whose peti tion the enforcement was ordered.  Personal 
easements may also be discharged upon a request of the judgment creditor, with an appropriate 
charge.  
Other personal easements and encumbrances shall be discharged by sale of the immovable 
property.  
 
Lease of Immovable Property 
Article 163 
 
Sale of immovable property shall not terminate the lease of such immovable property if a lease contract is concluded and the immovable property handed over to leasee as possession before adoption of a writ of enforcement. 
 
Buyer shall have the rights and obligations of the lessor.  
 
Inspecting Immovable Property 
Article 164 
 
Public enforcement officer shall allow to a person intending to purchase the immovable property an appropriate time to inspect immovable property.  
 IP/N/1/MNE/O/5 
 
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  Exemption from Enforcement on Certain Immovable Property 
Article 165 
 Agricultural land of agricultural procedures having area up to 10 ares cannot be subject of 
enforcement. 
 Provisions referred to in paragraph 1 of this Article shall not apply to enforcement for realising 
monetary claims secured by a contract-based secu rity interest on immovable property (mortgage). 
  
Manner of Establishing Value 
Article 166 
 Public enforcement officer shall initiate the estab lishment of value of the immovable property upon 
adoption of the writ of enforcement.  Value of the immovable property shall be established at the 
market price level on the day of appraisal.  In the process of establishing the value, the public 
enforcement officer may request appraisal from an authorised appraiser or findings and opinion of 
a judicial expert. 
  
Reduction of the Appraised Value 
Article 167 
 When establishing value of the immovable property it should be taken into account if such 
immovable property is worth less because such immovable property continues to keep certain 
rights even after the sale.  
 
Establishing Value 
Article 168 
 
Value of immovable property shall be established by way of a conclusion. 
  
Sale of Immovable Property 
 
Conclusion on Sale 
Article 169 
 Upon establishment of the value of immovable prop erty, the public enforcement officer shall adopt 
a conclusion on sale of immovable property that sets forth the manner of and conditions for sale, 
as well as time and venue for the sale, hours during day when the immovable property is available 
for inspection, in the case the sale is carried out by way of public auction.  The conclusion on sale shall be published in media outlets. 
 
The party may notify, at its own expense, persons engaged in intermediation in sale of immovable property about the conclusion referred to in paragraph 1 of this Article. 
 
The conclusion on sale of immovable property shall be delivered to parties, lienors, participants in the proceedings, and persons having registered statutory pre-emption right.  
From the time of publication of the conclusion on sale until the day of sale, no less than 15 days 
and no more than 30 day may elapse.  
 
Pre-emption Right 
Article 170 
 
Person having statutory pre-emption right on i mmovable property subject of the enforcement by 
sale shall have priority in respect of the most favourable bidder, provided that at the public 
auction, immediately after its closing, makes st atement on buying the immovable property under 
same conditions. IP/N/1/MNE/O/5 
 
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Person holding a contractual pre-emption right shall exercise such right under conditions referred to in paragraph 1 of this Article, in case there is no statutory right or the holder of such right failed to use it. 
 
 
Statement of the Pre-emption Right Holder 
Article 171 
 If the immovable property is sold by way of dire ct agreement, the public enforcement officer shall 
invite holder of the statutory pre-emption right, holder of contractual pre-emption right registered 
in the immovable property cadastre and a lienor to make a statement in writing whether they will 
exercise such right.  
 
Manner of Sale 
Article 172 
 
Sale of immovable property shall be done by verb al bidding public auction or direct agreement. 
 Public auction for sale of immovable property shall take place in the office of the public 
enforcement officer, unless otherwise stipulated by the public enforcement officer. 
 Judgment creditor and judgment debtor may reach an  agreement about the sale by way of direct 
agreement and on terms of sale during the entire public auction procedure. 
  
Sale Price and Sale Proceedings 
Article 173 
 Immovable property cannot be sold at the price below established value at the first sale public 
auction. 
 Parties and lienors may reach agreement, by virtue of statement issued for the record to the public 
enforcement officer handling the enforcement pr oceedings, that the immovable property can be 
sold by way of public auction and that the price can be lower than the established value.  
If the immovable property is not sold at the first public auction, the public enforcement officer 
shall schedule a second auction at which such immovable property can be sold below the set value, however not below 50% of such value.  
If the immovable property is not sold at the seco nd public auction, the public enforcement officer 
shall schedule a new public auction at which the immovable property can be sold below the set value, without restrictions, with prior consent of the judgment creditor. 
 
No less than 15 and no more than 30 days must elapse between public auctions.  
Provisions of paragraphs 2 and 3 of this Article shall apply also in such instance when immovable 
property cannot be sold by direct agreement for an established price nor in some later sale auction.  
 
Terms of Sale 
Article 174 
 
Terms of sale shall contain, inter alia , the following data: 
1) Detailed description of immovable property with appurtenances; 
2) Statement of third party rights that are not terminated by sale; 
3) Specification of easements and encumbrances taken over by the buyer; 4) Appraised value of the immovable property; 5) Deadline for the buyer to deposit the price; IP/N/1/MNE/O/5 
 
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  6) Manner of sale, amount of surety, period within which the surety must be issued, and 
where and how should be deposited. 
 Date, place and terms of sale shall be published in media outlets, upon proposal of the judgment 
creditor or judgment debtor, at the expense of the proposing party. 
  
Depositing Surety 
Article 175 
 Only persons that deposited surety in advance may participate at the public auction. 
 
Surety referred to in paragraph 1 of this Article shall amount to one tenth of the established value of the immovable property. 
 
Judgment creditor and judgment lienor shall be exempt  from depositing surety if their claims are 
equal to the amount of the surety and if such am ount could be satisfied from the purchase price, 
taking into account their seniority and established value of the immovable property. 
 Bidders whose bids were not accepted shall have their sureties refunded immediately upon closing of the public auction, except for the second and third bidder. 
 
In case of sale by direct agreement, the buyer shall deposit the surety with a person with whom 
entered into contract and so immediately before executing the contract. 
 
 
One Bidder 
Article 176 
 Public auction for sale of immovable property shall take place even when only one bidder is present. 
 
Public enforcement officer may decide, upon prop osal of parties or lienor and depending on 
circumstances, to postpone the public auction for sale if only one bidder is present, for not more 
than 15 days. 
  
Who cannot be a Buyer 
Article 177 
 Buyer cannot be, neither in case of public auction nor in case of direct agreement, a judgment 
debtor, judge, public enforcement officer and pers on employed with the public enforcement officer 
or another person taking official part in the sale procedure, nor their blood relative in direct line up to any degree, and in collateral line up to the four th degree, a spouse or relative in-law up to the 
second degree, guardian, adoptee or adoptive pare nt, and person who, in accordance with law, 
cannot acquire immovable property subject to enforcement   
 
Public Auction and Awarding of Immovable Property 
Article 178 
 
Public auction for sale shall commence after conditions for public sale are met. 
 Public auction shall initiate by announcement of the initial price.  If at least one of the participants 
accepts the announced price, the following higher price shall be announced.  This procedure shall 
be repeated until the last offered price remains unaccepted.   
Public auction shall be closed immediately after presentation of the most favourable price. 
 Once the public auction is closed and possibl e pre-emption rights expressed, the public 
enforcement officer shall announce the bidder that  offered the highest price and shall award the 
immovable property to such bidder. IP/N/1/MNE/O/5 
 
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Public enforcement officer shall adopt a conclusion on awarding the immovable property sold in the public auction that is to be delivered to all persons being serviced with the conclusion on sale of immovable property, as well as to all participants in the auction. 
 
Minutes shall be kept on the public auction for sale of immovable property.  
 
Award in Case of Sale by a Direct Agreement 
Article 179 
 
Public enforcement officer shall adopt a conclusion  on award of the immovable property sold in a 
direct agreement, once establishes that conditions for legal validity of sale are met   
Conclusion on award of immovable property referr ed to in paragraph 1 of this Article shall be 
delivered to all persons being serviced with the conclusion on sale of immovable property, as well as to the buyer. 
 
 
Depositing Price 
Article 180 
 
Buyer shall be obliged to deposit a price within the deadline stipulated under a conclusion on sale of immovable property. 
 
If the buyer is a judgment creditor whose claim does  not exceed the level of price obtained in the 
public auction and if, considering his seniority level, could be satisfied from such price, he shall be 
obliged to deposit only difference between the cl aim and obtained price on the account of the 
price.  If bidder who offered the highest bid fails to deposit the price within the envisaged deadline, the 
public enforcement officer shall declare that the sale to such bidder has no legal effect and shall 
invite a second-ranked bidder to purchase the immo vable property.  If such bidder also fails to 
deposit offered prices within specified deadline, th e public enforcement officer shall apply the same 
rules to a third-ranked bidder as well. 
 In the case that all three bidders having highest bid fail to deposit offered price or sale price within 
the deadline, the public enforcement officer shall act in accordance with Articles 94 and 95 of this 
Law.  Costs of new sale shall be settled and possible differences between the obtained prices in the first 
and new sale compensated from the deposited surety of such bidders referred to in paragraph 4 of 
this Article.  
 
Handing Over Immovable Property to the Buyer 
Article 181 
 
After depositing the price in case of sale of immo vable property by public auction or depositing the 
price in case of sale of immovable property by direct agreement, the public enforcement officer 
shall adopt a conclusion that the immovable property  is to be handed over to the buyer and that 
ownership rights are registered in the immovable property cadastre for his benefit. 
 Conclusion on handing over of the immovable pr operty shall be delivered to all persons being 
serviced a conclusion on sale of immovable property as well as to the administration authority 
competent for tax affairs.  
A request for remediation of irregularities may be lodged against this conclusion, which is to be 
decided by a court’s ruling, in accordance with Article 65 of this Law.  Complaint against ruling referred to in paragraph 3 of this Article shall not postpone enforcement. 
 IP/N/1/MNE/O/5 
 
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  Ruling on merits of the request referred to in paragraph 3 of this Article shall not affect the 
executed sale; however, it may represent grounds for damage compensation.   
Loss of Possession Right on Immovable Property 
Article 182 
 
Judgment creditor shall lose possession right on immovable property by sale of immovable 
property and shall be obliged to handover the im movable property to the buyer immediately upon 
servicing the conclusion on handing over the i mmovable property, unless otherwise stipulated by 
law or agreement with the buyer. 
 
 
Eviction of the Judgment Debtor 
Article 183 
 After public enforcement officer adopts a conclu sions on handing over immovable property, the 
public enforcement officer shall order to the judgm ent debtor by way of a conclusion to evict and 
hand over the immovable property to the buyer.  Public enforcement officer shall commence execution of eviction in accordance with Articles from 
224 to 227 of this Law. 
  
Eviction of Other Persons 
Article 184 
 
After adoption of the conclusion on handing over  the immovable property, the public enforcement 
officer shall order eviction and handing over of i mmovable property to other persons located in the 
immovable property, except in cases referred to in Articles 162 and 163 of this Law.  
The public enforcement officer shall commence the execution of eviction in accordance Articles 
from 224 to 227 of this Law.  
 
3. Satisfaction of Judgment Creditors 
 
Commencing the Satisfaction 
Article 185 
 Public enforcement officer shall commence satisfaction immediately upon executed sale of 
immovable property or upon receipt of the sale price. 
  
Persons being Satisfied and Proportionate Satisfaction 
Article 186 
 
Judgment creditors, who submitted the petition fo r levied enforcement, judgment lienors even 
when they have not declared their claims and persons having compensation rights for personal easements shall be satisfied from the sale price of immovable property.  
Excess of sale price representing residue of satisf action of persons referred to in paragraph 1 of 
this Article shall be handed over to the judgment debtor, if there are no obstacles to that effect.  
If the sale price is not sufficient for complete satisfaction, several claims having the same seniority 
level shall be satisfied in proportion to the level of such claims.  
 IP/N/1/MNE/O/5 
 
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  Seniority of Satisfaction 
Article 187 
 The following seniority shall be applied in satisfaction from proceeds obtained by sale of 
immovable property: 
1) Enforcement proceedings costs; 2) Claims arising from statutory subsistence,  if evidenced by an enforceable document 
and if declared by no later than on the sale public auction. 
  
Seniority of Satisfacti on of Other Claims 
Article 188 
 After satisfaction of claims referred to in Article 187  of this Law, the following shall be satisfied in 
the order as follows: 
1) Claims secured by a security interest; 2) Claims of compensations for personal easements and encumbrances being discharged 
by the sale, if created before initia tion of the enforcement proceedings; 
3) Claims of judgment creditors who submitted the petition for levying the enforcement. 
 Lienors shall be satisfied in order of registration  of the security interest or encumbrance in the 
immovable property cadastre or other appropriate public records. 
 Creditors in respect of personal easement shall be satisfied in order of acquisition of easement 
rights. 
 Costs and interests for last three years from the adoption of the conclusion on handing over the 
immovable property to the buyer, set forth by th e enforceable document, shall be satisfied in the 
same order of priority as the principal claims.   
Amount of Compensation for Personal Easements and Encumbrances 
Article 189 
 
I f  n o  a g r e e m e n t  i s  r e a c h e d ,  o n  t h e  a m o u n t  o f  c o m p e n s a t i o n  f o r  p e r s o n a l  e a s e m e n t s  o r  
encumbrances being discharged by sale, between holders of such rights and judgment creditors 
having lower level of seniority if compared to them, the public enforcement officer shall determine 
the amount of compensation whereby he/she should take into account, including but not limited 
to, the duration that such easement or encumbrance should have, their value, and age of the holders of such rights.  
Buyer and holder of personal easement or encumbrance rights may reach an agreement for the 
buyer to take over the easement or encumbrance and that the compensation amount established in accordance with paragraph 1 of this Ar ticle is deducted from the sale price. 
 
 
Contesting Claims 
Article 190 
 Judgment creditor or another person being satisf ied from the sale price of immovable property 
may contest to another person existence of claim, its amount and seniority of satisfaction, if so 
has impact on his satisfaction. 
 Contesting of claim, referred to in paragraph 1 of this Article, can be made no later than 15 days 
following the day of adoption of the conclusion on satisfaction.  The judgment creditor shall contest 
the claim before the competent court, and shall deliver a copy of this request to the public 
enforcement officer as well. 
 
 IP/N/1/MNE/O/5 
 
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  Instruction to Civil Proceedings 
Article 191 
 The court shall instruct a person contesting the claim to initiate civil proceedings within a specified 
period that cannot exceed 15 days, if the decision  depends on contested facts, unless the evidence 
for contest is based on a final and non-appealable judgment, public document or private document authenticated in accordance with law. 
 
If person contesting the claim provides evidence for such contest by a final and non-appealable judgment, public document or private document au thenticated in accordance with law, the court 
shall rule upon such contest immediately. 
 
If person who contested the claim fails to provide evidence of initiating the civil proceedings within the deadline referred to in paragraph 1 of this Article, it shall be deemed that the claim is not 
contested. 
 Provisions referred to in paragraph 3 of this Article shall be without prejudice to rights of persons 
contesting the claim to initiate civil proceedings against persons whose claims are being contested, 
or against persons who contested the claim, after the completion of the enforcement proceedings. 
 Judgment made in a civil proceedings concerning contested claim shall have effect on the 
judgment debtor and all judgment creditors. 
  
Provision of Security 
Article 192 
 
Upon a proposal of the person having his claim contested, the public enforcement officer may 
condition the delay in making a conclusion on satisfaction and satisfaction of claim for such person by provision of security for damages that such person could bear as a result of delaying the 
satisfaction. 
 
Amount referred to in paragraph 1 of this Article shall be deposited in a special purpose account of the public enforcement officer. 
 
If person who contested the claim fails to provide an appropriate security referred to in paragraph 1 of this Article within the deadline stip ulated therefore, it shall be deemed that the 
claim is not contested. 
 If the contesting was unjustifiable, person having his claim contested and enduring damage as a result of that shall be entitled to collect the damage from the amount deposited as security. 
 
 
4. Special Rules for Satisfaction of Specific Claims 
 
Unmatured Claims 
Article 193 
 
Amount of claim secured by a security interest , but not matured yet, shall be withheld and 
deposited in the court or with the public enforcem ent officer and paid according to maturity, unless 
lienor request for the claim to be paid before maturity. 
 
In the event that lienor requests for the claim to be satisfied before maturity that has a contractual interest, the claim shall be paid with the amount of contracted interest on the day of conversion 
into cash of the subject of claim. 
 Claim of a lienor not mature on the day of adoption of the conclusion on satisfaction, and not 
having a contracted interest, shall be paid as a withholding from the amount corresponding the 
statutory penalty interest, from the day of adoption of the conclusion on satisfaction until the day of maturity of such claim.  IP/N/1/MNE/O/5 
 
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  Unmatured claim having a contracted interest shall be paid together with the amount of the 
contracted interest, accrued only up to the day of adoption of conclusion on satisfaction.   
Unmatured Claim arising from Occasional Earnings 
Article 194 
 
Claim arising from occasional earnings for compensation of damage incurred as a result of 
impaired or diminished health or loss of work ability and due to loss of subsistence resulting from a death of subsistence provider, secured by a pledge  and having maturity after the day of adoption 
of the conclusion on satisfaction shall be sati sfied upon an explicit request of the judgment 
creditor. 
 Claims referred to in paragraph 1 of this Article shall be calculated in accordance with the manner 
used for calculation of compensations for personal easement or encumbrance referred to in 
Article 189 of this Law.  
 
Conditioned Claim 
Article 195 
 
The amount of claims secured by a pledge ri ght being conditioned, shall be separated and 
deposited into a special purpose account of the public enforcement officer and paid when suspensive condition occurs or when is certain that resolutory condition will not occur. 
 
If the suspensive condition does not occur or resolutory condition occurs, the amount set aside shall serve for satisfaction of judgment creditors having claims that are not entirely satisfied or not 
satisfied at all, and in the case that there are no such judgment creditors or the entire amount is 
not used for their satisfaction, such amount or residue shall be transferred to the judgment debtor.   
Pre-registration Note for the Security Interest and Registration Note of  
Initiating the Dispute 
Article 196 
 
If pre-registration note for the security interest is registered in the immovable property cadastre, 
and a person for whose benefit the pre-registration note is registered proofs that the proceeding in 
course is for its justification, or that the period for initiating such proceeding has not expired yet, 
the claim referring to the pre-registration note shall be satisfied in the manner used to satisfy claims under suspensive condition.  
Claim having a registration note in the immovable property cadastre concerning the initiation of a 
dispute about the deletion of the security interest or a registration note concerning the initiation of a dispute shall be satisfied in the manner used to satisfy claims under resolutory condition. 
 
 
Conclusion on Satisfaction of Claim 
Article 197 
 Public enforcement officer shall decide about the satisfaction of judgment creditors and other persons entitled to satisfaction by way of a conclusion on satisfaction, taking into account condition 
resulting from such writs, immovable property cadastre or other public records. 
 Only such claims where the writ of enforcement be came final and non-appealable by no later than 
the day of adoption of the conclusion shall be taken into account for adoption of the conclusion 
referred to in paragraph 1 of this Article.  
If there are claims under which the writ of enforc ement is not final and non-appealable on the day 
of adoption of the conclusion referred to in paragraph 1 of this Article, such claims shall be satisfied after the writ of enforcement becomes fi nal and non-appealable from the residue of the 
sale of immovable property price proceeds, if an y, while the residue will be returned to judgment 
debtor. IP/N/1/MNE/O/5 
 
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Deleting Rights and Encumbrances 
Article 198 
 
Public enforcement officer shall order the deletion  of rights and encumbrances registered in the 
immovable property cadastre or other public records, by way of conclusion on satisfaction, except 
those rights and encumbrances that remain on the immovable property even after the handing 
over of immovable property to the buyer or those taken over by the buyer.   
 
Special Rules for Enforcement on Immovable Property not registered  
in the Public Records 
 
Enforcement on Immovable Property where there is No Immovable Property Cadastre 
Article 199 
 
On the territory where cadastral records are not ba sed on the surveying, legal rules applicable on 
such territory for documents to be submitted with the enforcement petition as evidence of ownership right on immobile property subject to enforcement shall apply accordingly. 
 
If it is not possible, for whatever reason, to obta in evidence on the ownership right in accordance 
with statutory rules applicable for such territory, the judgment creditor shall be obliged to state 
the place where the immovable property is lo cated, its name, boundaries and area in the 
enforcement petition instated of evidence on ownership.  
In the case referred to in paragraph 2 of this Article, the public enforcement officers shall take 
inventory of the immovable property subject to the enforcement petition and invite the judgment 
creditor, judgment debtor and persons having a bordering immovable property with such immovable property to take part in the inventory. 
 
Minutes of inventory shall have the importance of enforcement registration and shall be published in public information media outlets. 
 
The public enforcement officer shall deliver the copy  of the minutes to the administration authority 
competent for registration in the immovable property cadastre. 
 
 
Enforcement on Immovable Property not regist ered in the Immovable Property Cadastre 
Article 200 
 
If the immovable property is not registered in  the immovable property cadastre, the judgment 
creditor must submit documents along with the enforcement petition that could be used for 
registration or transfer of such obligat ion on the public enforcement officer. 
 Public enforcement officer shall forthwith submit documents referred to in paragraph 1 of this 
Article to the administration authority competent for registration in the immovable property 
cadastre and shall suspend the proceedings until such time the registration procedure is not completed.  
 
6. Application of Out-of-Court Sa le of Pledged Immovable Property 
 
Article 201 
 Provisions of this chapter shall apply accordingly to the out-of-court sale of immovable property 
secured by mortgage, for the purpose of satisfyi ng the claim of the mortgagee, unless otherwise 
stipulated by the law governing ownership rights.  IP/N/1/MNE/O/5 
 
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  Mortgagee may authorise a public enforcement office r, lawyer or registered agency for trade in 
immovable property to effectuate the sale of the immovable property referred to in paragraph 1 of this Article in accordance with law.  
 
 
XV ENFORCEMENT ON OTHER PROPERTY-BASED RIGHTS 
 
Manner of Levying Enforcement 
Article 202 
 
Enforcement on patents, technical improvements, usufructs and other property-based right of the 
judgment debtor shall be levied by moratorium on di sposal of such right, as well as its conversion 
into cash in accordance with Articles from 81 to 100 of this Law. 
 
  
XVI SPECIAL PROVISIONS ON ENFORCEMENT ON PROPERTY OF LEGAL ENTITIES AND 
ENTREPRENEUR FOR COLLECTION OF MONETARY CLAIM 
 
1. Exemption and Restriction 
 
Assets not-traded with 
Article 203 
 
Subject to enforcement cannot be assets not traded with, or natural resources and commons in general use. 
 
 
Means required for the Defence, State and Public Safety 
Article 204 
 
Structures, weapons, and equipment used for the defence, state and public safety, or monetary assets provided for such purposes cannot be subject to enforcement. 
 
For the purpose of paragraph 1 of this Article, structures shall mean buildings, underground and 
aboveground structures with appurtenant infrastructure, installed facilities for production of 
weapons and military equipment, and other structures used for the needs of defence, state and 
public safety.   
2. Enforcement on the Account of the Judgment Debtor 
 
Scope of Enforcement against a Legal Entity and Entrepreneur 
Article 205 
 Enforcement against monetary assets on the account  of the legal entity or entrepreneur shall be 
levied on all monetary assets on his accounts with one or several banks engaged in payment 
operations in country and engaged in foreign payment operations, except on accounts exempt from enforcement in accordance with law.  
If the judgment debtor has funds on a fixed-term de posit with a bank, the bank shall be obliged to 
transfer such funds on the account of the judgmen t debtor for enforcement purposes on the day of 
expiry of a contract on fixed-term deposit or on the day of premature termination of such contract. 
 
Enforcement concerning users of budget shall be levied from the account opened in a manner stipulated by law governing the budget system. 
 
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  Additional Content of the Enforcement Petition 
Article 206 
 Judgment creditor shall be obliged to state in the enforcement petition, among other things, at 
least one of the following data: name of the ba nk holding the account of the judgment debtor, 
unique registration number of the judgment debtor legal entity or unique citizens registration number of the judgment debtor entrepreneur, as well as number of proper account in the country, 
or the name of intermediary bank containing data  required to execute the transfer of funds to 
his/her account abroad, or the special purpose account of the public enforcement officer.  If Montenegro or local self-government unit are st ated as the judgment debtor in the enforcement 
petition, the judgment creditor shall be obliged al so to state the user of budget funds against 
which the enforcement petition is lodge d in addition to the budget account. 
 
 
Writ of Enforcement 
Article 207 
 
Writ of enforcement against the monetary assets kept at the account of the judgment debtor shall 
order to the legal entity for levying the enforced collection (hereinafter referred to as the enforced collection organisation), established in accordance with law, to order to the bank to transfer the 
monetary assets subject to enforcement from the account of the judgment debtor to the account 
of the judgment creditor or the special purpos e account of the public enforcement officer. 
 
If no action can be taken under the writ of enforcement due to lack of data or inaccurate data, the 
enforced collection organisation shall forthwith re turn it to the public enforcement officer stating 
the reasons of such return. 
 
 
Recording and Issuing Certificates 
Article 208 
 
The enforced collection organisation shall record re ceived writs of enforcement by date and time of 
receipt, and shall establish the collection sequence. 
 
The enforced collection organisation shall issue a certificate to the judgment creditor, upon his request, about the order of his claim in the records of priorities. 
 
The enforced collection organisation shall issue to the judgment debtor a certificate on total unsettled obligations by judgment creditor and on the number of days the account is blocked of the judgment debtor, as well as an overview of number of executed, partially executed and not 
executed orders, upon his request. 
  
Levying Enforcement 
Article 209 
 
Upon receipt of the writ of enforcement, the enforced collection organisation shall identify banks 
and accounts of the judgment debtor for carrying out payment operations in country and for carrying out payment operations abroad by: bank name, unique registration number of the judgment debtor or fiscal identification number of  the judgment debtor, and shall forthwith order 
blocking of all those accounts and shall submit data on balance of funds on such accounts. 
 From the moment of receipt of the order for blocking account of the judgment debtor until actual 
blocking of such account, as well as during the duration of blocking, the funds on the account of 
the judgment debtor cannot be used for making tr ansfers, except for executing transfers that are 
the reason for blocking. 
 
Banks cannot open new accounts for the judgment debtor while the enforcement proceedings against his/her monetary assets are in process.  IP/N/1/MNE/O/5 
 
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  The bank shall be obliged forthwith to transfer funds, as ordered by the enforced collection 
organisation, to the public enforcement officer account, or on a separate account of the public enforcement officer and to inform the enforced collection organisation thereof immediately.  
The state administration authority competent for financial affairs shall stipulate the detailed 
manner of levying enforcement on monetary assets kept on the account of the judgment debtor.  
The enforced collection organisation shall charge a fee for levying enforcement on monetary assets 
kept on the account of the judgment debtor, in the amount and manner set forth under a separate 
regulation, subject to the consent of the Government.  
 
Seniority of Collection 
Article 210 
 
After receiving data on the balance of funds on accounts of the judgment debtor, the enforced collection organisation shall order to all banks holding funds of the judgment debtor on accounts 
for carrying out payment operations in country to make debt collection from such accounts, 
according to the balance of funds on such accounts, in line with the established order of collection. 
 If there are no funds or no sufficient funds on accounts for carrying out the payment operations in 
country of the judgment debtor, the enforced collection organisation shall order to all banks where 
the judgment debtor holds funds on accounts for carrying out foreign payment operation to execute the debt collection from such accounts, proportionate to the balance of funds on such 
accounts. 
 Banks referred to in paragraphs 1 and 2 of this Article shall be obliged to make collection from the 
account of the judgment debtor immediately. 
 If there are no funds or funds are insufficient on accounts referred to in paragraphs 1 and 2 of this Article, the enforced collection organisation shall retain the blocking of those accounts until final 
collection on behalf of the judgment creditor from inflows on any of those accounts. 
 When the enforcement is levied against the account for carrying out foreign payment operations of 
the judgment debtor where the judgment debtor ha d funds in currency other than euro, the bank 
shall make conversion into euro using the central exchange rate from quotation list of the Central Bank of Montenegro (hereinafter referred to as the Central Bank) on the day of transfer of such 
funds in favour of the account of the judgment debtor. 
  
Measures against Banks Failing to Act upon Orders 
Article 211 
 If a bank fails to submit data on the balance on accounts of the judgment debtor, upon receiving 
the blocking order and no later by the end of the enforced collection organisation’s business day in 
which the bank received the blocking order, the enforced collection organisation shall order by way of a conclusion to the Central Bank to forthwith pr ohibit the disposal of funds on clearing account 
of such bank, kept in the payment system whose op erator is the Central Bank, for the amount that 
corresponds to the total liability of the judgment de btor set forth by the writ of enforcement.  The 
prohibition of disposal over these funds shall last until bank submits to the enforced collection organisation data on the balance of funds on the account of the judgment debtor. 
 
If a bank, upon receipt of the blocking order, su bmits to the enforced collection organisation data 
on balance on the account of the judgment debtor but fails to make collection from such account, 
the enforced collection organisation shall order by way of a conclusion to the Central Bank to 
immediately prohibit the disposal of funds on such clearing account of that bank, kept in the payment system whose operator is the Central Bank, for the amount that corresponds to the 
amount that should have been collected from such account of the judgment debtor.  The 
prohibition of disposal over these funds shall last  until bank executes the order of the enforced 
collection organisation.  
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  Delay and Completion of Enforcement 
Article 212 
 If the enforcement on monetary assets is delaye d, an appropriate amount of funds shall be set 
aside to maintain the order of collection of claims, except if the delay is ordered at the proposal of 
the judgment creditor.  
Upon completion of the enforcement against account of the judgment debtor, the enforced 
collection organisation shall order banks de-blocking of the account of the judgment debtor.   
Occasional Grants 
Article 213 
 
If the writ of enforcement orders to the judgmen t debtor payment of occasional grants maturing 
within specific time intervals (monetary annuity income on the account of impaired or diminished health or due to loss of work ability, or resultin g from a death of subsistence provider, and like), 
the enforced collection organisation shall make payment of such grants as they become mature 
without repeated request.  In the case referred to in paragraph 1 of this Article, the order of collection of all future 
instalments shall be calculated according to the time of receipt of the writ of enforcement. 
 The enforced collection organisation shall keep special records on writs of enforcement for 
collection of future occasional grants. 
 If at the time of maturity of grants referred to in paragraph 1 of this Article for collection against 
accounts of the judgment debtor there are no funds or funds are insufficient, provisions of 
Article 210 of this Law shall apply accordingly.   
Suspending the Enforcement 
Article 214 
 
The enforced collection organisation, after receiv ing the writ of enforcement against funds on the 
account of the judgment debtor, shall suspend the enforcement if the judgment creditor provides 
evidence that has recalled the enforcement petition before the public enforcement officer or if the 
public enforcement officer notifies the enforced co llection organisation that has decided to levy 
enforcement against other means of enforcement, until the public enforcement officer does not provide the enforced collection organisation with the conclusion on termination of proceedings or ruling on change of the means of enforcement. 
 
  
Enforcement against Joint and Several Debtors 
Article 215 
 
In levying enforcement against two or more judgment debtors that are jointly and severally liable 
for obligations under an enforceable document and covered by the same writ of enforcement, the 
enforced collection organisation shall block all accounts of all joint and several debtors, while the transfer of funds shall take place in accordance with seniority stated for the joint and several 
debtors in the writ of enforcement, in accordance with Article 210 of this Law, until full 
satisfaction.  
 
Enforcement from Accounts held with the Central Bank 
Article 216 
 
For the purpose of enforcement on monetary assets  from the account of the judgment debtor kept 
with the Central Bank, the enforced collection organisation shall order the Central Bank to block immediately such account and to submit data on the balance of funds on such account. 
 IP/N/1/MNE/O/5 
 
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  The enforced collection organisation shall give orde rs referred to in paragraph 1 of this Article in 
sequence of receipt of writs of enforcement.  After receiving data on the balance of funds on the account of the judgment debtor, the enforced 
collection organisation shall order to the Central Bank to make collection of the debt from such 
account.  
 
Enforcement for Collection of Claims from the Account for Foreign Payment Operations 
Article 217 
 
If obligation under the enforceable document is stated in specific foreign currency instead of in 
euro, the enforcement shall also be ordered, upon  a petition of the judgment creditor, on a claim 
that in such currency judgment debtor has against the bank on the account for foreign payment 
operations. 
 The bank shall execute payment of claim in foreign currency in accordance with regulations 
governing foreign currency operations. 
  
Exemption of Claims arising from Contributions, Taxes and Customs 
Article 218 
 Claims of Montenegro, local self-government uni ts, funds and other legal entities established 
pursuant to law cannot be subject to enforcement, against obligors of contributions, taxes and 
custom duties.  
 
 
ENFORCEMENT FOR COLLECTION OF NON-MONETARY CLAIM 
 
XVII UNLIQUIDATED DAMAGES 
 
Ordering and Levying Payment of Unliquidated Damages 
Article 219 
 The request of the judgement creditor for the cour t to bind the judgement debtor of non-monetary 
obligation established by a final and non-appealab le court ruling to pay unliquidated damages in 
respect of the regulations on obligations shall be  decided upon in the enforcement proceedings. 
 Based on the final and non-appealable ruling on payment of unliquidated damages, upon a 
proposal of the judgement creditor, the public enforcement officer shall adopt a writ of 
enforcement.  
Payment of unliquidated damages may be claimed during the period before the court ruling is 
proposed for enforcement.  
The judgement creditor shall not be entitled to unliquidated damages as of the day of submission 
of the enforcement petition.   
 
XVIII HANDING OVER MOVABLE ASSETS 
 
Handing over certain Assets when Assets are Located with the  
Judgment Debtor or Third Party 
Article 220 
 
Enforcement for handing over one or more individually determined assets located with the judgement debtor shall be levied in such manne r that assets are divested from the judgment 
debtor and handed over to the judgment creditor along with a certificate. 
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  In line with provisions of paragr aph 1 of this Article, the enforcement shall be levied even when 
assets are located with a third party willing to hand it over.  If the third party is not willing to hand over assets, the judgment creditor may propose to the 
public enforcement officer to transfer to him a claim of the judgment debtor against third party for 
handing over assets.  
Provisions of Articles from 145 to 148 of this Law concerning enforcement on claims of handing 
over or delivery of movable assets shall apply to proceedings upon proposal referred to in paragraph 3 of this Article.  
 
Acting when Assets are not Found with the Judgment Debtor or Third Party 
Article 221 
 
When individually defined assets are not found with  the judgment debtor or third party, the public 
enforcement officer shall, upon a proposal of the judgment creditor for judgment debtor to pay the 
value of such asset, appraise value of assets and by way of a conclusion order to the judgment 
debtor to pay the value of such asset within stipulated deadline, under threat of involuntary enforcement.  
Judgment creditor may present a proposal referred to  in paragraph 1 of this Article within eight 
days as of the day of notification that assets are not found.  
Judgment creditor may request the payment of statutory default interest on the amount of 
appraised value of assets from the day of appraisal until the day of payment.  
If the judgment creditor within the deadline referre d to in paragraph 2 of this Article fails to 
present a proposal for judgment creditor to pay th e value of assets, the public enforcement officer 
shall terminate enforcement.  
 
2. Handing over of Fungible Assets 
 
Handing over of Assets located with  the Judgment Debtor or Third Party 
Article 222 
 
When enforceable document is for delivery of certain quantity of fungible assets located with the 
judgment debtor or third party, the enforcement shall be levied in a manner stipulated in Article 220 of this Law.  
 
Acting when Fungible Assets are not found with the Judgment Debtor or Third Party 
Article 223 
 
If fungible assets are not found with the judgment debtor or a third party, the judgment creditor may propose that enforcement is levied so that the public enforcement officer authorises him to 
procure such assets from another party at the expense of the judgment debtor, within a stipulated 
period.  The judgment creditor may present the proposal for assets to be procured from another party 
within eight days as of the day of notification from the judgment creditor that assets are not 
found.  
Public enforcement officer shall, upon a proposal  of the judgment creditor, order to the judgment 
debtor by way of a conclusion to deposit the amount for procurement of assets within the stipulated deadline, and levy enforcement for collection of such amount with statutory default 
interest from the day of appraisal of asset to the day of depositing the amount with the public 
enforcement officer.  If the judgment creditor fails to present a propos al for procurement of assets from another party 
within the deadline stipulated in paragraph 2 of th is Article, the public enforcement officer shall IP/N/1/MNE/O/5 
 
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  terminate the enforcement, unless the judgment cred itor presented in a timely manner a proposal 
that the judgment creditor pays him the value of assets he was suppose to hand over.   
 
XIX EMPTYING AND HANDING OVER IMMOVABLE PROPERTY 
 
Manner of Levying Enforcement 
Article 224 
 Enforcement for emptying and handing over immovabl e property shall be levied so that the public 
enforcement officer hands over the immovable property to the judgment creditor for possession, 
after removing persons and assets from such immovable property.  
Emptying and handing over immovable property ma y be initiated after the expiry of eight days 
following the service of the writ of enforcement to  the judgment debtor, except when the writ of 
enforcement is adopted for enforcement of an in terim relief and in such case the levying of 
enforcement may initiate immediately upon service of the writ. 
 If the eviction includes minors, the public enfo rcement officers shall notify the guardianship 
authority. 
 
The Police Authority shall be obliged to provide all necessary assistance in carrying out actions referred to in paragraph 1 of this Article, up on request of the public enforcement officer. 
 
 
Removal of Movable Assets 
Article 225 
 Movable assets that need to be removed shall be  handed over to the judgment debtor and if the 
judgment debtor is not present to an adult member of his household or his proxy. 
 
If no person that the property could be handed  over to is present at the time of executing 
enforcement actions or such persons do not want to take them, the assets shall be handed over 
for safekeeping to another person or judgment cr editor, at the expense of the judgment debtor, 
and shall make minutes thereof.  
Public enforcement officer shall notify the judgmen t debtor on handing over the asset to another 
person and about costs for its safekeeping, leaving him/her an appropriate period to request the return of assets, after compensating costs of safekeeping the assets.  
Along with the notification referred to in paragraph 3 of this Article, the public enforcement officer 
shall warn the judgment debtor that assets will be sold after expiry of specified deadline and that 
costs of safekeeping and sale of asset shall be satisfied from the sale price. 
 
 
Sale of Movable Assets 
Article 226 
 Public enforcement officer shall determine the sa le of assets for the account of the judgment 
debtor by way of a conclusion, if the judgment debtor fails to request the handing over within the 
stipulated deadline and fails to compensate safekeeping costs. 
 Part of the price obtained by sale, remaining after satisfaction of safekeeping costs and costs of 
sale of assets, shall be deposited with the public enforcement officer for the benefit of the 
judgment debtor.  
Sale of assets shall take place in line with Articles from 93 to 96 of this Law. 
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  Enforcement for Collection of the Proceedings Costs 
Article 227 
 Judgment creditor may request, in the enforcement petition or during levying the enforcement for 
emptying and handing over immovable assets, that enforcement of debtor’s movable assets that 
are to be removed from the immovable property for collection of enforcement proceedings costs is also ordered together with such enforcement. 
 
The enforcement referred to in paragraph 1 of this  Article shall be ordered and levied based on a 
proposal of the judgment creditor in accordance with Articles from 18 to 101 of this Law.  
 
 
XX OBLIGATION TO ACT, NON-ACT OR SUSTAIN 
 
Territorial Jurisdiction 
Article 228 
 
If the judgment debtor in line with the enforceable document is obliged to make certain action that 
cannot be performed by another person instead of him or to refrain from certain action or to sustain certain actions, the court where the judgment debtor should perform the obligations under 
the enforceable document shall have territorial juri sdiction for deciding upon enforcement petition 
and for levying enforcement.  
 
Action that could be performe d by Another Person as well 
Article 229 
 
Under a enforceable document where the judgment debtor is obliged to perform certain action that could be performed by another person, the enforcement shall be levied in such manner that the public enforcement officer authorises the judgment creditor to entrust another person with such 
action or to do it himself/herself at the expense of the judgment debtor. 
 The judgment creditor may propose in the enforcemen t petition that the public enforcement officer 
orders to the judgment debtor by way of a conclusion to deposit in advance the amount required 
to cover the costs that will occur by enforcemen t of such action by another person or judgment 
creditor. 
 
The public enforcement officer shall adopt the conclusion on final amount of costs referred to in paragraph 2 of this Article, upon a proposal of the judgment creditor or judgment debtor.  
Based on the conclusion referred to in paragraph 2 of this Article, the enforcement may be 
proposed before it becomes final and non-appealable, and based on the conclusion referred to in paragraph 3 of this Article only when it becomes final and non-appealable. 
 
 
Action that could only be performed by the Judgment Debtor 
Article 230 
 If the judgment debtor is obliged, under enforceable document, to make certain action that could not be performed by another person instead of him, under law or legal transaction, the court shall 
allow an appropriate deadline under the writ of enforcement for the judgment debtor to meet the 
obligation and threaten to impose a pecuniary fine if fails to meet its obligation within the stipulated period. 
 
The court shall impose, by way of a writ of enforcement, a pecuniary fine if the judgment debtor fails to meet the obligation within the stipulated period, and so for natural person and responsible 
person of the legal entity or authority from €2 00 to €2,000, and for the legal entity, entrepreneur 
and an authority from €2,000 to €20,000.  If the judgment debtor fails to meet the oblig ation within such deadline, the court shall, ex officio , 
levy the enforcement of the ruling on imposed pecuniary fine. IP/N/1/MNE/O/5 
 
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In the case referred to in paragraph 3 of this Article, the court shall at the same time adopt a new ruling allowing the new deadline to the judgment debtor to meet the obligation and impose a new 
pecuniary fine, higher than in the previous ruling, if fails to meet the obligation within such 
deadline as well. 
 The court shall continue to act in a manner stipulated in paragraphs 3 and 4 of this Article, against 
the judgment debtor who despite such fine fails to meet his obligation, until the debtor meets his 
obligation.  When assessing the amount of the pecuniary fine within the stipulated limits the court shall take 
account of the importance of the action that the judgment debtor is obliged to make, as well as of 
other circumstances of the case.  
 
Non-action and Sustaining 
Article 231 
 
The enforcement shall be levied in the manner stipulated in Article 230 of this Law even when the judgment debtor acts contrary to obligation to non-act or to sustain certain action.  
The court shall, upon a proposal of the judgment creditor, order by way of ruling to the judgment 
debtor to deposit surety for damages if the ju dgment creditor makes plausible that would incur 
damage by the fact that the judgment debtor continues to act contrary to his obligation. 
 
The court shall stipulate duration of the surety, depending on the circumstances of the case.  
The enforcement shall be levied upon a proposal of the judgment creditor, based on the ruling on 
depositing surety.   
Reinstating the Former Condition 
Article 232 
 
If changes occurred that are contrary to rights of the judgment creditor, as a result of the 
judgment debtor’s bearing contrary to the obligat ion from the enforceable document, the public 
enforcement officer shall author ise the judgment creditor, upon his proposal, to reinstate the 
former condition, alone and if needed with assistan ce of the officer, at the risk and costs of the 
judgment debtor.  Article 229 of this Law shall apply for depositi ng funds required for satisfying costs of 
reinstatement of the former conditions and for establishing the final amount of such costs. 
  
Repeated Disturbance of Possession 
Article 233 
 
If based on the enforceable document adopted in the proceedings upon court claim on disturbance 
of possession the enforcement is levied or the judgment debtor voluntarily met his obligation and then repeated the disturbance of possession, whic h in essence is not different than the previous 
one, the court shall, upon a proposal of the judgment creditor, using the same enforceable 
document, adopt a new writ of enforcement ordering a reinstatement of the assets in possession 
o r  w r i t  o f  e n f o r c e m e n t  i m p o s i n g  a  p e n a l t y  f o r  f a i l u r e  t o  m a k e  a n  a c t i o n  t h a t  c o u l d  o n l y  b e  performed by the judgment debtor. 
 
The enforcement petition referred to in paragraph 1 of this Article may be presented within 30 days following the day of knowledge on repeat ed disturbance of possession, and no later than 
within one year after the repeated disturbance. 
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  XXI PARTITION OF ASSETS 
 
Physical Partition 
Article 234 
 
Public enforcement officer shall order a physical partition of common assets if such partition is envisaged under the enforceable document. 
 
All participants shall be invited to take part in levying of the physical partition.   
Determining the Manner of Partition 
Article 235 
 
Public enforcement officer carrying out the enforcement proceedings shall decide, in accordance 
with regulations governing property-based rights, whether the partition of asset shall take place by physical partition or sale, if the enforceable document does not envisage the manner of partition or 
the parties have not reached agreement thereof or that the partition is possible only with 
significant reduction of the value of assets.  The partition shall be made by way of sale if it is established in the enforcement proceedings that 
the physical partition determined under the enforceable document is not possible or is possible 
only with significant reduction of the value of assets.  
 
Partition by Sale 
Article 236 
 
If a common asset needs to be sold, based on an enforceable document, in order to be partitioned, the sale shall be carried out in the manner stipulated in accordance with provisions of this Law governing the enforcement on movable assets or immovable property, unless parties agree 
otherwise in respect of specific issues. 
  
Costs of the Proceedings 
Article 237 
 
All co-owners shall bear the costs of levying th e enforcement, proportionate to the value of 
respective parts of the common asset.  The co-owner who caused specific costs shall be obliged to compensate them to those co-owners 
that did not have them. 
  
 
XXII HANDING OVER AND TAKING AWAY A CHILD 
 
Territorial Jurisdiction 
Article 238 
 Court that has general territorial jurisdiction for the judgment creditor, as well as the court on 
territory where the child is located shall have jurisdiction for deciding upon an enforcement petition 
of a ruling ordering the handing over of a child to a parent or another person or institution the 
child is being entrusted to for guardianship and education. 
 
The court on territory where the child is found shall have territorial jurisdiction for levying the enforcement. 
 
The court referred to in paragraphs 1 and 2 of this Article may decide that certain enforcement actions are entrusted to the court not having jurisdiction for levying the enforcement.  
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  Manner of Levying Enforcement 
Article 239 
 Court shall pay particular attention to a need of protecting child’s interest to the greatest possible 
extent when levying enforcement. 
 The court shall, by way of writ of enforcement, allow a period of three days following the day of 
servicing the writ to the judgment debtor to hand over a child to a parent or another person or 
institution the child is being entrusted to for guardianship and education, under threat of imposing a pecuniary fine.  
The pecuniary fine shall be imposed and its enforcem ent levied in line with Article 230 of this Law. 
 If the enforcement could not be levied by imposing  and executing the ruling on pecuniary fine, the 
enforcement shall be levied by taking away the ch ild from person where the child is located and by 
handing over the child to a parent or another person or institution the child is being entrusted to for guardianship and education. 
 
The court shall request the assistance from th e guardianship authority in the enforcement 
proceedings.  
 
Continuing the Enforcement 
Article 240 
 
The court shall, upon a proposal of the party being entrusted with a child, continue the enforcement under the same writ of enforcement, if  the child is again found with the person from 
whom was taken away within the period of 60 days  following the day of handing over the child. 
  
Taking Away a Child 
Article 241 
 Notwithstanding provisions of Article 239, paragraphs 2, 3 and 4 of this Law, in the case when it is 
established that life, health or psychophysical development of a child is endangered, the court 
shall, without allowing a period for handing over and imposing and executing the pecuniary fine, levy the enforcement by taking away the child and ha nd him over to a parent or another person or 
institution the child is being entrusted to for guardianship and education. 
 This enforcement referred to in paragraph 1 of this Article shall be levied with assistance from the guardianship authority. 
 
The enforcement petition for handing over a child does not have to state the means of enforcement, and if does state the court shall not be bound by a proposal of the party. 
 
  
XXIII REINSTATING OF EMPLOYMENT 
 
Territorial Jurisdiction 
Article 242 
 
Court on the territory where the registered offi ce of the employer is located shall have the 
territorial jurisdiction for deciding upon an en forcement petition and for levying the enforcement 
based on an enforceable document obliging the employer to reinstate the employment of an 
employee or to assign him to an appropriate job position.  
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  Deadline for Lodging the Enforcement Petition 
Article 243 
 The enforcement petition referred to in Article 242 of this Law may be lodged within the period of 
60 days following the day of employee being entitled to lodge such petition. 
  
Manner of Levying the Enforcement 
Article 244 
 Enforcement based on an enforceable document obli ging the employer to reinstate employment of 
an employee or to assign him to an appropriate job position shall be levied by imposing a 
pecuniary fine on an employer and responsible person of the employer. 
 
The pecuniary fine shall be imposed in accordance with Article 230 of this Law. 
  
Wage Compensation in the Case of  Reinstatement of an Employee 
Article 245 
 An employee who lodged a petition for reinstatin g his employment may propose to the court to 
adopt a ruling ordering the employer to pay monthly wage amounts due from the time the 
judgment became final and non-appealable until reinstatement of his employment.  
The petition for compensation referred to in paragraph 1 of this Article may be merged with an 
enforcement petition or may be lodged afterwards prior to the enforcement proceedings is finalised. 
 
The ruling adopting the petition for compensation shall have effect of an enforcement petition.  The employer may propose to the court to abrogate the ruling referred to in paragraph 3 of this 
Article if merits used to adopt such ruling changed after adoption of the ruling. 
 Compensation of monthly wage shall be determined  as to correspond to the amount the employee 
would generate if employed. 
 Provisions of this Article shall be without prejudice to the rights of employee to levy his claim of 
monthly wage compensation in a proceeding before the competent court. 
 If the court adopted the request to pay wage compensation in part, the employee may levy the remaining part of the wage in a proceeding before the competent court. 
 
  
XXIV REGISTERING RIGHT ON IMMOVABLE PROPERTY IN THE IMMOVABLE PROPERTY 
CADASTRE 
 
Deciding upon a Petition 
Article 246 
 Public enforcement officer shall decide upon an enforcement petition for establishing rights on 
immovable property by registration in the immova ble property cadastre, as well as for transfer, 
restriction of or termination of rights registered in the immovable property cadastre.  
The authority making registration in the immovable property cadastre shall be competent for 
levying enforcement.  
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  Manner of Levying Enforcement 
Article 247 
 Enforcement referred to in Article 246 of this Law shall be levied in such manner as that 
establishing rights on immovable property or on transfer, restrictions of or termination of rights on 
immovable property is registered in the immovable property cadastre.  
 
Registration of Ownership Rights when Judg ment Debtor is not Registered as Owner 
Article 248 
 
When judgment debtor is not registered as owne r of the immovable property, the enforcement by 
registration of rights on the immovable property may be levied only when the judgment creditor causes with the administration authority competent for registration in the immovable property 
cadastre a change in registration of ownership ri ghts based on evidence on ownership of the legal 
predecessor of the judgment debtor.  
 
Registration of another Right when a Judgm ent Debtor is not Registered as Owner 
Article 249 
 
When under an enforceable document the judgment cr editor is authorised to request registration 
of pledge or another right on immovable property, except the ownership right, against a judgment debtor, and the judgment debtor is not register ed as owner of such immovable property, the 
registration of another right of the judgment cred itor shall be ordered only when judgment creditor 
acts in a manner stipulated in Article 248 of this Law.  
 
Registration of Rights in Other Public Records 
Article 250 
 
Provisions of this chapter shall apply to the registration of rights in other public records, unless 
otherwise stipulated by a specific law.  
 
Statement of Willingness 
Article 251 
 
Obligation of expressing a statement of willingness,  contained in a ruling having capacity of an 
enforceable document, shall be considered to be met as of the day such ruling becomes final and non-appealable. 
 
Obligation of expressing a statement of willingness, contained in settlement, shall be considered to 
be met as of the day of its maturity. 
 
When meeting the obligation referred to in paragraph 1 of this Article is conditioned by judgment creditor meeting some other obligations or by other conditions, it shall be considered that the 
judgment debtor expressed the statement of willingness when the judgment creditor met his 
obligation or when another condition is met.  Fulfilment of conditions referred to in paragraph 3 of this Article shall be evidenced by a public 
document or document authenticated in accordance with law. 
  
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  PART THREE 
SECURING OF CLAIMS PROCEDURE 
 
XXV GENERAL PROVISIONS 
 
Ruling on Securing of Claims 
Article 252 
 
Securing of claims ruling shall be adopted by the court, and securing of claims shall be enforced, 
depending on the type and character of a dispute,  by the court or public enforcement officer.  
 
Securing of claims ruling shall include the decision on collateral, a brief description of legal reasons 
for adoption of the petition for securing of claims and notice whether a complaint withholds the enforcement of the ruling and legal remedy notice. 
 
 
Legal Remedies 
Article 253 
 A panel of the court that adopted the ruling shall decide on a complaint against the ruling on securing of claims, as well as on a complaint against a ruling by which the petition for securing of 
claims is rejected or refused. 
 Complaint against the ruling referred to in paragraph 1 of this Article shall be filed within three 
days from the day of servicing the ruling.  If a publ ic enforcement officer is in charge of levying the 
securing of claims ruling, the complaint shall, at the same time, be submitted to the public enforcement officer as well. 
 
Complaint shall not be filed against a response.    The complaint referred to in paragraph 1 of this Article shall not delay enforcement of the ruling on 
securing of claims, unless otherwise prescribed by this Law.  
  
Collaterals 
Article 254 
 
The following may be used as collateral: security interest on immovable property on the basis of 
an enforceable document, security interest on immovable property and movable assets on the 
basis of the agreement of the parties, previous measures and interim reliefs.    
 
Inadmissibility of Securing of Claims 
Article 255 
 
Securing of claims shall not be allowed against assets and rights that in accordance with this Law or other law cannot be subject to enforcement. 
 
 
Competency to Order Securing of Claims Ex officio  
Article 256 
 
A court that is competent based on a petition of  the security petitioner shall be competent for 
ordering of securing of claims ex officio , unless otherwise prescribed by this Law.  
 
 
Application of Provisions conc erning Enforcement Procedure 
Article 257 
 
Provisions of this Law governing the enforcement procedure shall be applied accordingly to securing of claims procedure, unless otherwise prescr ibed by provisions of this part of the Law.  
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XXVI SECURITY INTEREST ON IMMOVABLE PROPERTY ON THE BASIS  
OF ENFORCEABLE DOCUMENT 
 
Territorial Jurisdiction 
Article 258 
 
A court at the territory of which an immovable property  that security interest is to be registered on 
is located shall be competent to decide on the peti tion for securing a monetary claim by creating a 
security interest on immovable property.   
The administration authority competent for registra tion in the immovable property cadastre shall 
be competent to enforce securing of claims.   
 
Conditions for Creation 
Article 259 
 
On the basis of an enforceable document concerning  a monetary claim, a security petitioner shall 
be entitled to request securing of that claim by creation of security interest on immovable property of the security contester.  
 
 
Manner of Creating 
Article 260 
 Security interest on immovables shall be created by registration in the immovable property 
cadastre.  
 When registering a security interest in the immovable property cadastre, enforceability of a claim for which a security interest is allowed for shall be stated. 
 
If a security petitioner, prior to enforceability of the claim, has already acquired a security interest 
for that claim in the same immovable property on the basis of a contract or if pre-registration is 
allowed, the court shall, at the petition of a security petitioner, order the registration of 
enforceability of the claim in the immovable property cadastre.   
If a security contester is not registered in the immovable property cadastre as the owner of 
immovable property, a security petitioner shall be obliged to submit together with the petition for securing of claim a proof that he initiated before the administration authority competent for registration of rights in the immovable property  cadastre the procedure for registration of the 
change of the ownership right on the basis of a document regarding ownership of security 
contester.  
 
Effect of Registration 
Article 261 
 
Registration of security interest and registration of enforceability of claim shall have such effect 
that enforcement on that immovable property may be levied also against a third person who acquired such immovable property later on.  
 
 
XXVII SECURITY INTEREST ON IMMOVABLE PROPERTY AND MOVABLE ASSETS ON 
THE BASIS OF AGREEMENT BETWEEN PARTIES 
 
Territorial Jurisdiction 
Article 262 
 A court at the territory of which the immovable property is located shall be competent to decide on the petition for securing a monetary claim by creating security interest in immovable property on 
the basis of agreement between parties.  IP/N/1/MNE/O/5 
 
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The administration authority competent for immova ble property cadastre shall be competent to 
enforce securing of claims.   
A court at the territory of which a movable asset is located shall be competent to decide on the 
petition for securing a monetary claim by creating security interest in movable asset on the basis of agreement between parties. 
 
 
Petition for Securing a Claim 
Article 263 
 
For the purpose of securing a monetary claim of a security petitioner by creating a security 
interest in immovable property or movable asset of  security contester, the security petitioner and 
the security contester may agree to ask the court to order registration of security interest in 
immovable property, or to order and take inventory of movable assets of the security contester.   
 
Hearing for Petition and Agreement of the Parties 
Article 264 
 
At the petition of the parties, the court shall de termine a hearing at which it will take minutes 
about the agreement of the parties regarding the existence of monetary claim and time of its 
maturity and their agreement to secure the moneta ry claim by registering a security interest in 
immovable property of the security contester, or to  create security interest by taking inventory of 
movable assets of the security contester.   
The signed minutes on the agreement of the parties referred to in paragraph 1 of this Article shall 
have the effect of court settlement.    
Ordering and Enforcement of Securing of Claim 
Article 265 
 
On the basis of the agreement referred to in Articl e 264 of this Law, the court shall order, in the 
form of a ruling, the registration and it shall take  all necessary measures to perform registration of 
security interest in immovable property of the se curity contester, or order and take inventory of 
movable assets of the security contester. 
 The ruling referred to in paragraph 1 of this Article shall have the importance of a ruling on securing of claims.  
 
 
Application of other Provisions of the Law 
Article 266 
 Article 264 of this Law shall apply to securing of monetary claims of the security petitioner by 
creating a security interest in immovable property  of the security contester, on the basis of the 
agreement between the parties.   Articles from 83 to 88 of this Law shall apply accordingly to securing of monetary claim of the 
security petitioner by creating a security interest in movable asset of the security contester, on the 
basis of the agreement of the parties.   
 
Sale of Immovable Property or Movabl e Assets of the Security Contester 
Article 267 
 
At the proposal of the security petitioner, a public enforcement officer shall, in the form of a ruling, when he determines that the agreement of the parties referred to in Article 264 of this Law has become enforceable, order enforcement for the purpose of satisfying a secured monetary claim of 
the security petitioner in accordance with Articles from 155 to 198 of this Law in case of IP/N/1/MNE/O/5 
 
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  enforcement on immovable property or Articles from  82 to 101 of this Law in case of enforcement 
on movable property.  The ruling referred to in paragraph 1 of this Article shall have the effect of a writ of enforcement.  
 
The registration of a writ of enforcement on immovable property shall have the legal effect from the day of registration of security interest in im movable property in the procedure of securing of 
claims.  
 The act of taking inventory of movable assets shall not be repeated, and the taken inventory of 
assets shall have the legal effect from the day of acquiring of security interest in the procedure of 
securing of claims.  
  
 
XXVIII PREVIOUS MEASURES 
 
Territorial Jurisdiction 
Article 268 
 A court that would be competent for enforcement on asset over which the securing of claim is 
proposed shall have territorial jurisdiction to de cide on the petition for securing of claims by 
previous measure.   
 
Conditions for Ordering a Previous Measure 
Article 269 
 
A previous measure shall be ordered on the basis of a decision concerning the monetary claim, which has not become final and non-appealable or has not become enforceable, if the security petitioner makes probable a danger that without su ch a security the satisfaction of the claim would 
be prevented or significantly hampered.  
 Provision of paragraph 1 of this Article shall apply also to settlement reached before the court or 
body deciding in administrative procedure under which a claim has not matured.  
 Previous measure may be ordered on the basis of a payment order issued on the basis of a bill of 
exchange or cheque. 
  
Assumed Danger 
Article 270 
 It shall be considered that a danger, under Article 269 of this Law, exists if the petition for 
securing a claim is based on one of the following: 
1) a payment order that is issued on the basi s of a bill of exchange or cheque that a 
complaint has been timely filed against; 
2) a judgment adopted in a criminal case by which property-related claim has been 
adopted, and against which repeating of criminal procedure is allowed; 
3) a decision by which enforcement is to be levied abroad; 4) a judgment based on recognition that has been appealed; 
5) a settlement reached before the court or body deciding in administrative procedure 
that is contested in the manner prescribed by law. 
 
In the cases referred to in paragraph 1, items 4 and 5 of this Article, the court may, at the 
proposal of the security contester, condition th e securing of claims through application of a 
previous measure by depositing a surety by the security petitioner for damage that might be 
incurred to the security contester through ordering a previous measure. 
  IP/N/1/MNE/O/5 
 
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  Securing of Claim having Unmatured Instalments 
Article 271 
 Securing by a previous measure of unmatured instalments of a claim on the basis of legal 
subsistence, claim on the basis of damage compen sation for subsistence lost after the death of a 
provider of subsistence or due to impaired health  or reduced or lost capacity to work shall be 
ordered only for the instalments that will mature within one year.   
 
In the cases referred to in paragraph 1 of this Article, it shall be assumed that a danger exists if enforcement for the purpose of paying matured instalment already had to be levied or such enforcement has already been proposed against the security contester.  
 
 
Types of Previous Measures 
Article 272 
 
The court shall order the following as previous measures: 
1) Taking inventory of movable assets; 
2) Prohibition imposed on a debtor of the security contester to satisfy the security 
contester’s claim or to deliver the assets, as well as prohibition imposed on the security contester to collect the claim, to receive the assets and to dispose of them; 
3) Prohibition imposed on a bank to pay out from the security contester’s account to the 
security contester or third person, based on the order of the security contester, the monetary amount that a previous measure has been determined for; 
4) Pre-registration of security interest in the immovable property of the security 
contester or in the right registered in the immovable property; 
5) Seizure of shares or holdings in a business organization. 
 
The court may, at the proposal of the security  petitioner, order, taking into consideration 
circumstances of the case, two or more previous measures, if necessary to do so.   
 
Prohibition to Disburse Monetary Assets of the Security Contester 
Article 273 
 
The amount of monetary assets of the security contester in a bank account that disbursement prohibition has been imposed on cannot be transfe rred from that account, during the prohibition, 
except for the purpose of satisfaction of the secured claim.   
  
Sale of Inventoried Assets and Transfer  of Claim of the Security Contester 
Article 274 
 At the proposal of the judgment creditor, a pub lic enforcement officer shall order the sale of 
inventoried movable assets that are perishable or if there is a danger from significant drop in price 
of these assets.   
The sale of inventoried assets shall be done in acco rdance with Articles from 93 to 96 of this Law.  
 If a previous measure is ordered through prohibit ion to payment the claim, a public enforcement 
officer may, at the proposal of the security petiti oner or security contester, order the transfer of 
that claim for the purpose of its collection to the security petitioner, if there is a danger that the 
claim, due to the delay in its satisfaction of such  claim, will not be collectable or the right to 
redress against third person shall be lost.  
 
The amount obtained by the sale of property or collection of claim shall be kept with a public enforcement officer until a previous measure is terminated or until the security petitioner proposes 
enforcement, but at the most 30 days from the day of enforceability of the claim.  
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  Ruling on Ordering Previous Measure 
Article 275 
 Ruling ordering a previous measure must, inter alia , specify the amount of claim that is secured, 
with interest and costs, and the period it has been ordered for.  
 The period referred to in paragraph 1 of this Article may not be longer than eight days after 
meeting the conditions for involuntary enforcement.  
 If the period referred to in paragraph 1 of this Ar ticle expires before the decision on the basis of 
which a previous measure is ordered becomes final and non-appealable, the court shall, at the 
proposal of the security petitioner, prolong that  period, provided that the circumstances under 
which the measure has been ordered are not changed.   
 
Cancellation of Previous Measure 
Article 276 
 
The court shall, at the proposal of the security contester, terminate the procedure and cancel the 
implemented actions, if: 
1) Security contester deposits with the court the amount of the claim that is being 
secured, with interest and costs; 
2) Security contester makes probable that the claim, at the time of adopting a ruling on 
ordering a previous measure, has already been collected or sufficiently secured; 
3) It has been determined by a final and non-appealable decision that the claim has not 
occurred or that it has ceased.  
 
The court shall terminate the procedure and cancel  the implemented actions, if within 15 days 
from the day of expiration of the period that the previous measure has been ordered for, the conditions for involuntary enforcement are not met.  
In the cases referred to in paragraph 1 items 2 an d 3 and paragraph 2 of this Article, a security 
petitioner shall be obliged to compensate the costs caused by ordering and implementing a previous measure to a security contester, and the security contester shall have also the right to 
compensation for incurred damage from the security petitioner.  
  
Termination of Procedure in case the Securi ty Petitioner does not Request Enforcement 
Article 277 
 In case the conditions for involuntary enforcemen t are met prior to the expiration of the period 
that previous measure has been ordered for, the court shall, at the proposal of the security 
contester, terminate the procedure and cancel all implemented actions, if the security petitioner 
does not submit the enforcement petition within  15 days from the day of occurrence of such 
conditions.  
  
 
XXIX INTERIM RELIEFS 
 
1. General Rules 
 
Territorial Jurisdiction 
Article 278 
 
In case that a civil or other court procedure has not been initiated to decide on the petition for securing of claim by an interim relief, the court th at would be in charge of deciding on enforcement 
petition shall have territorial jurisdiction.  
 If the civil or other court procedure is initiated, the court before which the procedure has been initiated shall be competent to decide on the petition for securing a claim by an interim relief.  
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  The court that was competent to decide on the enforcement petition based on an enforceable 
document adopted in administrative procedure shall be competent to decide also on the petition for ordering an interim relief upon the termination of such procedure.   
 
When Interim relief can be Ordered 
Article 279 
 
The court may order an interim relief prior to initiation and during the court or administrative procedure, as well as upon termination of such procedures, until the enforcement is levied.   
 
Inadmissibility of Interim Relief 
Article 280 
 
Interim relief shall not be admissible if there are conditions for ordering a previous measure that can achieve the same effect.  
 
 
Surety instead of Interim Relief 
Article 281 
 
Security petitioner may state in the petition for ordering an interim relief or later on that instead of interim relief, he shall be satisfied with a securi ty contester depositing of a certain amount on 
behalf of the surety by.  
 Depositing of surety instead of interim relief ma y also be ordered at the proposal of security 
contester.  
 If security contester deposits a surety, the cour t shall terminate the procedure and cancel already 
implemented actions.  
 
 
Surety as Condition for ordering Interim Reliefs 
Article 282 
 The court may, at the proposal of the security peti tioner, order an interim relief also when he did 
not make the existence of claim and danger probable, if he previously deposits, within the 
specified deadline, the amount determined by the court as surety for damage that could be incurred to the security contester by orderi ng and implementing the interim relief.  
 
The court may, at the proposal of the security co ntester, and based on circumstances of the case, 
act in accordance with paragraph 1 of this Articl e, even when the security petitioner made the 
existence of claim and danger probable.  
 
 
Ordering Several Interim Reliefs 
Article 283 
 The court may, based on the circumstances of the ca se, at the proposal of the security petitioner, 
also order several interim reliefs, if it is necessary to do so.  
 
 
Period that Interim Relief is ordered for 
Article 284 
 Ruling on ordering interim relief shall specify the duration of such measure, and if the measure is 
ordered prior to filing a court claim or initiation of other procedure, it shall also specify the 
deadline within which the security petitioner must file a court claim or petition for initiation of another procedure to justify the interim relief.     IP/N/1/MNE/O/5 
 
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  The court shall at the petition of the security peti tioner prolong the duration of the interim relief, 
provided that circumstances under which such a measure is ordered have not changed.   The petition referred to in paragraph 2 of this Article may be filed only before the expiration of the 
period that the interim relief has been ordered for.  
  
Cancellation of the Interim relief 
Article 285 
 If the security petitioner failed to file a court claim within a specified deadline or failed to initiate 
other procedure to justify an interim relief or the period that the interim relief has been ordered for 
has expired, the court shall, at the petition of the security contester terminate the procedure of 
securing a claim and cancel the implemented actions.  
 
At the petition of the security contester, the proc edure of securing a claim shall be terminated and 
implemented actions shall be cancelled, if the circumstances due to which the measure was 
ordered have changed later on, so that the measure is no longer necessary.  
 The procedure of securing a claim shall be terminated and implemented actions shall be cancelled in the cases referred to in Article 276, paragraph 1 of this Law.  
 
 
Damage Compensation to Security Contester 
Article 286 
 Security contester shall be entitled to compensation by security petitioner for the damage incurred 
to him by an interim relief for which it has been determined that it is groundless or that has not 
been justified by the security petitioner.    
Interim Reliefs for Securing of Monetary Claim 
 
Conditions for Ordering Interim Relief 
Article 287 
 Interim relief for securing a monetary claim may be ordered if the security petitioner made the 
existence of claim probable and the danger that  without such a measure the security contester 
shall prevent or significantly hamper the collection of claim, by divesting of, concealing, or disposing of his property or assets.  
Security petitioner does not have to prove the da nger if he makes probable that by the proposed 
measure the security contester would suffer only insignificant damage.   
It shall be considered that danger exists, if a claim should be satisfied abroad.     
  
Types of Interim reliefs for Securing of Monetary Claim 
Article 288 
 For the purpose of securing a monetary claim, an y measure that achieves the purpose of such a 
security may be ordered, and especially: 
1) Prohibition imposed on the security contester to dispose of movable assets, as well as 
safekeeping of such assets; 
2) Prohibition to dispose of and encumber shares or holdings in a business organization, 
with the registration of prohibition in the relevant registry; 
3) Prohibition imposed on the security contester to divest of or encumber his immovable 
property or property rights registered on  the immovable property in the immovable 
property cadastre for his benefit, with the registration of prohibition in the immovable property cadastre; IP/N/1/MNE/O/5 
 
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  4) Prohibition imposed on a debtor of the security contester to satisfy the security 
contester’s claim or to deliver the assets, as well as prohibition imposed on the security contester to receive the assets, to collect the claim, and to dispose of them; 
5) Order to a bank not to make payments from the security contester’s account to the 
security contester or third person, based on the order of the security contester, the 
monetary amount that an interim relief has been ordered for. 
 
Security interest shall not be acquired by an interim relief. 
  
3. Interim Reliefs for Securing of Non-Monetary Claim 
 
Conditions for ordering an Interim Relief 
Article 289 
 
For the purpose of securing a non-monetary claim, an interim relief may be ordered, if the security 
petitioner made probable the existence of claim and danger that the satisfaction of claim shall be 
otherwise prevented or be significantly hampered.   
 Interim relief may be ordered also when a security petitioner makes probable that the measure is needed in order to prevent the use of force or occurrence of irreparable damage. 
 
The provisions of Article 287 of this Law shall apply to interim relief for securing a non-monetary claim.  
 
 
Types of Interim Reliefs for Securing of Non-Monetary Claim 
Article 290 
 For the purpose of securing a non-monetary claim,  any measure that achieves the purpose of such 
security may be ordered, and especially:  
1) Prohibition to divest of and encumber mova ble assets that the claim relates to, as well 
as safekeeping of such assets; 
2) Prohibition to divest of and encumber shares or holdings in a business organization 
that the claim relates to, with the registration of the prohibition in the competent 
public records;  
3) Prohibition to divest of and encumber i mmovable property that the claim relates to, 
with the registration of prohibition in the immovable property cadastres; 
4) Prohibition to the security contester to take activities that may incur damage to the 
security petitioner, as well as prohibition to make changes on assets that the claim relates to; 
5) Prohibition imposed on a debtor of the security contester to deliver to the security 
contester the assets that the claim relates to; 
6) Payment of wage compensation to an empl oyee during the dispute regarding illegality 
of the decision on termination of employment, if it is necessary to do so for his 
subsistence and subsistence of persons he is obliged to support in accordance with law; 
7) Reinstatement of employee to work. 
  
Effect of Ruling on Orderi ng Certain Interim Reliefs 
Article 291 
 Ruling on ordering the interim relief referred to in Article 288, paragraph 1, items 1, 2, 3 and 5 
and Article 290, items 1, 2 and 3 of this Law shal l have the effect of a writ of enforcement. 
 By adopting the ruling referred to in paragraph 1 of this Article, it shall be considered that the 
enforcement is allowed. 
 The enforcement of the ruling referred to in paragraph 2 of this Article shall be levied by submitting the ruling to a body in charge of registration of rights or to a bank.  
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PART IV 
TRANSITIONAL AND FINAL PROVISIONS 
 
Article 292 
 
Enforcement and securing of claims procedures wherein the levy of enforcement has started before the effective day of this Law shall be terminated in accordance with the provisions of this Law. 
 
Exceptionally, if an appeal or complaint is lodged against a first-instance writ of enforcement based on an authentic document, the procedure on appeal or complaint shall be completed in 
accordance with provisions of the Law on Enforc ement Procedure (Official Gazette of the Republic 
of Montenegro, No. 23/04).   
In the case referred to in paragraph 2 of this Arti cle, after the effective day of this Law, the first-
instance writ is cancelled or abrogated, the further procedure shall be carried out in line with this Law.  
Article 293 
 The court shall act, in accordance with this Law, in cases where a public enforcement officer has 
competency to do so, until the commencement of  work of public enforcement officers to be 
appointed in accordance with separate law.  
After commencement of the work of public enforcement officers, the cases referred to in 
paragraph 1 of this Article, at the proposal of th e judgment creditor, shall be assigned to a public 
enforcement officer for further action , in accordance with this Law.  
 
Article 294 
 Enforcement on monetary assets on account of a legal entity or entrepreneur shall be 
implemented by the Central Bank, in accordance with this Law, until the establishment of the 
enforced collection organisation.  
Application of provisions of Articles from 205 to 211 and provisions of Articles from 213 to 215 of 
this Law shall commence after expiry of six months following the day this Law enters into force.  Until the expiry of the period referred to in paragraph 2 of this Article, the enforcement on 
monetary assets on account of a legal entity or entrepreneur shall be implemented in accordance 
with provisions of the Law on Enforcement Pr ocedure (Official Gazette of the Republic of 
Montenegro, No. 23/04). 
 
Article 295 
 
This Law shall supersede the Law on Enforcement Procedure (Official Gazette of the Republic of 
Montenegro, No. 23/04) on the day it enters into force, except for provisions of Articles 72, 73, 94, 131, 141, 143, 190, 202, 208, 214, 218, 232, and 237 concerning the territorial jurisdiction of the court which shall cease to have effect on the da y of commencement of work of public enforcement 
officers.  
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Article 296 
 This Law shall enter into force on the expiry of 60 days from the day of its publication in the 
Official Gazette of Montenegro.  
  
No: 23-1/11-4/5 
EPA 535 XXIV Podgorica, 12 July 2011-09-05  
24
th Parliament of Montenegro  
Speaker of the Parliament Ranko Krivokapic, m.p. 
 
  
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