Internacionalni Univerzitet Travnik, Travnik, Bosnia and Herzegovina
Law on Enforcement Procedure of the Federation of Bosnia and Herzegovina (“Official Gazette of the Federation of Bosnia and Herzegovina”, No. 23/03, 52/03, 33/06, 39/06, 39/09, 35/12 and 46/16; and “Official Gazette of Bosnia and Herzegovina”, No. 42/18 - Decision of the Constitutional Court; hereinafter: ZIP) prescribes the rules of procedure on the basis of which the counter-enforcement procedure is conducted. Paragraph 1 of Article 54 of the ZIP stipulates: “After the enforcement has already been carried out, the enforcement agent may in the same enforcement proceedings request the court to order the enforcement seeker to return what he received by enforcement, if: the enforcement document is revoked, modified, annulled, put out of force or otherwise determined to be without effect, if the decision on enforcement is revoked or modified and if during the enforcement procedure he settled the claim against the claimant, outside the court, so that the claimant is doubly settled. “ This paper will analyse the institute of counter-enforcement, i.e., the conditions for initiating the counter-enforcement procedure, the procedure for deciding on counter-enforcement, as well as the active legitimacy for initiating that procedure.
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