SUVLASNIŠTVO TREĆEG LICA NA PREDMETU IZVRŠENJA KAO PRAVO KOJE (NE)SPREČAVA IZVRŠENJE

Abstract

When enforcement is determined on an object that is co-owned by the executor and a third party who is not the executor, domestic and comparative procedural theories identify (only) the concept according to which the co-ownership of the third party represents their exclusive right, starting from the fact that it is natural for a forced settlement enforcement requester to be carried out based on the value of the executor’s property. In addition to the above, two other models are identified in the paper using the normative- dogmatic and comparative law method – the right of co-ownership of the third party on the object of execution, which represents a conditional exclusive right, and their right which is not an exclusive right. The legal-value reach of the identified legal models is examined by analyzing the current domestic and foreign procedural theories, as well as the current domestic judicial practice, and by examining their compatibility with the convention standard of protection of the third party’s right to peaceful enjoyment of property. Since the laws of the entities of Bosnia and Herzegovina accept opposite models regarding this issue, the research aims to point out to the legislators in the entities of Bosnia and Herzegovina the importance of conceptual harmonization as soon as possible. It is concluded that from the identified legal models, the protection of the right to peaceful enjoyment of the property of a third party is provided (only) by the one that envisages the co-ownership of this person as his exclusive right, either on the movable or immovable thing on which enforcement is determined.