PRAVNI ZAPISI • Year VII • No. 2 • pp. 271-296
THE ENFORCED EXECUTION OF A NOTARIAL ENFORCEMENT ORDER
Prof. dr Monika Milošević
Vanredna profesorka, Pravni fakultet Univerziteta Union u Beogradu
Pravni zapisi, No. 2/2016, pp. 271-296
enforcement order, notarial act, eligibility for execution, the confirmation of enforceability, Regulation on the creation of a European Enforcement Order for Uncontested Claims in secondary law, Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, legal remedies against notarial enforcement orders
We witness a trend toward so-called dejudicialization for the purpose of disburdening the courts. By creating or participating in the creation of enforcement orders, notaries public contribute to the prevention of conducting separate proceedings for the establishment, as well as enforcement of rights, which furthermore eliminates the need for cognition trials that would establish the contested rights and seek foundations for execution. The protection of creditors who can claim execution based on a notarial act certainly requires such acts to be enforcement orders. This undoubtedly provides protection to debtors from the costs of civil procedure, as well. With this as a starting point, the author first considers which notarial acts qualify as enforcement orders, then analyzes the necessary conditions for the enforceability of a notarial act, all by means of the comparative law and exegetical methods. The author also analyzes the implementation of notarial acts as enforcement orders in the European Union based on the Regulation on the creation of a European Enforcement Order for Uncontested Claims in secondary law. Finally, the author also discusses the legal remedies against notarial enforcement orders.