Core Training Modules for Collateral Law

The Law applies to executive procedures, unless otherwise covered by a separate law, and does not apply to proceedings for securing claims governed by the Law on Civil Procedure or enforcement provisions in bankruptcy. The Law contains specific provisions for scheduling hearings, including the authority to schedule hearings when warranted, and grants the court discretionary authority to act in the absence of one or both parties and/or participants at a hearing. Personal service is required for certain documents, including decisions on motion for execution, decisions on objection against the decision on execution, decisions on pronouncement of fine, and conclusions on investigation of judgment debtor's assets. Exceptions to personal delivery are permitted in cases involving execution based on enforceable documents when the party to whom the writ is to be delivered is neither at the address given in the motion nor at the address or seat registered at the relevant body. In such cases, the writs shall be posted on the court notice board. The Law also governs the composition of the court and rulings, allowing for the delegation of certain responsibilities to an associate under the judge's authority. However, in certain situations, only the judge is authorized to act. Timing considerations have been revised, with many previous deadlines significantly shortened. Pre-filing issues are addressed in the Law, including jurisdictional issues, territorial jurisdiction, and objects subject to execution. Territorial jurisdiction is determined by the means of enforcement and object of execution, and the provisions on subject matter jurisdiction of the courts are included in the Laws on Courts. The Law also addresses the right of usufruct on real property, which is defined as the legal right of using and enjoying the fruits and profits of something belonging to another. If the right of usufruct has been established on real property or on its percentage share of ownership, it may be a source of enforcement, provided that the judgment debtor satisfies his/her claims out of the fruits realized from such rights based on some legal relationship such as rent or lease. The Law on Enforcement Procedure is intended to provide an in-depth analysis of the Law on Enforcement Procedure as it pertains to enforcement against real and personal property. The document is based on the Law as it was enacted by Parliament on July 8, 2003, and the commentaries to the Law prepared by the Honorable Asaf Daupovic, Judge of the Sarajevo Municipal Court. The Law on Enforcement Procedure is part of the Fostering an Investment and Lender-Friendly Environment (FILE) project, which has prepared the attached training modules for Collateral Law to serve as basic training modules for all trainees. The Core Modules, which include training materials on the Law on Enforcement, Civil Procedure Code, the Law on Notaries, and a Glossary of Terms, serve as examples of FILE's approach to training. The Core Modules will be supplemented by additional modules at such time as the new Laws are enacted. The anticipated additional Core Modules include the Law on Obligations, Law on Property, Law on Pledge Registry, Creditor's Manual, Business Package for Courts, and Law on Enforcement Procedure.