The creditor may freely choose among statutory means of enforcement regardless of the amount of claim he wants to recover in the individual enforcement proceeding. The enforcement against the home of Mr Zoran Vaskrsić for the recovery of a small debt, which was largely exposed in the media, attracted much public criticism regarding the rules on enforcement. A closer examination of the statutory provisions reveals that the law enables the debtors to interfere with the creditor’s choice of the means of enforcement. Consequently, the limitlessness of the creditor itself in proposing the means of enforcement in the initial phase of the proceedings does not mean that the enforcement proceedings will be carried out in the way proposed by the creditor.
In the master’s thesis, I highlighted the problem of collision among the interests of the creditor and the debtor in the enforcement proceedings, presented relevant legal provisions in the field of enforcement of money claims, summarized the most important case-law, shortly described the course of the enforcement proceedings against Mr Zoran Vaskrsić, and presented the main findings of the European court for human rights in this case. I also provided critical overview of the judgement, and finally presented my own opinion on the adequacy of the current enforcement legislation.
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