Open AccessMogućnost zloupotrebe prava u postupku javnog nadmetanja za prodaju nekretnina u izvršnom postupku u pravu BiH
Author(s) -
Meliha Povlakić,
AUTHOR_ID,
Tahir Herenda,
Nasir Muftić,
AUTHOR_ID,
AUTHOR_ID
Publication year - 2021
Publication title -
zbornik pravnog fakulteta u zagrebu
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.134
H-Index - 4
eISSN - 1849-1154
pISSN - 0350-2058
DOI - 10.3935/zpfz.71.34.01
Subject(s) - legislation , enforcement , law , bidding , political science , law enforcement , real estate , business , law and economics , sociology , marketing
The primary goal of the reformed enforcement law in Bosnia and Herzegovina (B&H) is efficient compensation. However, many impediments exist. In this paper, the authors present some of the problems and potential abuses of procedural rights in the enforcement law of B&H. Two instances of abuse of rights regarding real estate are presented, which can open the doorway to other abuses, as well. Also, the abuse of procedural rights in the enforcement procedure is seen as underexplored in legislation, doctrine and case law. The paper addresses similarities and differences between the entities’ and the Brcko District legal systems regarding the presented abuses, as well as comparative law. It is focused on the analysis of legislation and the interpretation thereof in light of recent case law in B&H and problems arising from it. The identified problems often prevent the goal of the enforcement procedure from being fulfilled. The paper has two parts, each dealing with one instance of abuse. The first part concerns the engineering of the most favourable offer in the bidding. The second part concerns the problem of a fictional offer to purchase real estate in the bidding and the character of the deposit. The paper provides suggestions for amending legislation based on some good legal solutions in the region.