GUARANTIEES OF THE ENFORCEMENT ACT OF THE RNM AND OTHER IMPORTANT INTERNATIONAL ACTS FOR THE PROTECTION OF THE PARTIES, PARTICIPANTS AND THE THIRD PARTIES

Bukurije ETEMI-ADEMI

Abstract

The primary purpose in the initiation of the enforcement is to provide legal protection to the initiator of the process, i.e., "realization of the creditors’ claim". Today, the form and manner in which this demand will be determined and enforced is a much-discussed issue, but it still generates endless debates. In the RNM, on the one hand, we have a legal regulation that is based on the enforcement procedural principles, which are a guarantee for the protection of the rights of the parties, participants and third parties in enforcement! On the other hand, we have enforcement practice, which is evident from the cases of collisions mainly between parties, but also participants and third parties during the enforcement! Creating a balanced system where all subjects involved in the procedure will be satisfied with the enforcement epilogue is a bit difficult, so in this paper we will focus on the specific situations that make the enforcement process difficult! This is because the nature of enforcement is repressive; the obligation to act, not act or endure; the debtor's financial burden for fulfillment; the difficult economic situation of the debtor and unlimited other elements do not facilitate the enforcement process at all! In RNM, the bailiff is the one who bears the responsibility for the precise implementation of the enforcement principles, as a public force and at the same time independent in providing legal protection for all parties involved in the enforcement. Participating parties and third parties always have the right to prove the opposite, by submitting legal remedies in order to avoid the illegality committed during the enforcement.

Pages: 62 - 68