The Government of the Republic of Serbia has adopted the Draft Law on Amendments to the Law on Enforcement and Security (ZIO), aimed at strengthening the protection of the right to family home, in line with the European Convention on Human Rights and the case law of the European Court of Human Rights.
Key novelty:
The only immovable property in the exclusive ownership of the enforcement debtor, serving to meet his or her housing needs, may not be subject to enforcement for debt collection, provided that specific statutory conditions are met.
Conditions for protection:
- the enforcement debtor owns only one immovable property,
- has had permanent residence at that address for at least 5 years prior to the initiation of enforcement proceedings,
- the surface area of the immovable property does not exceed 60 m²,
- the principal claim does not exceed half of the market value of the immovable property,
- during the previous 3 years, the enforcement debtor has not alienated another immovable property, waived inheritance of immovable property, or entered into a lifetime support agreement.
Role of the court and enforcement officers:
- The court, ex officio, examines whether these conditions are fulfilled and shall dismiss the enforcement proposal if they are.
- If enforcement on the immovable property has already been ordered, the enforcement debtor may request a determination that the property cannot be subject to enforcement, in which case the decision is rendered by a single judge.
Exceptions
The above provisions shall not apply if:
- the debtor has expressly consented, in the form of a notarized deed or other legally valid instrument, that enforcement may be carried out on the immovable property, or
- the claim to be enforced arises from statutory maintenance (alimony) or from a criminal offence.
The purpose of the proposed amendments is to strike a fair balance between the rights of creditors and the protection of citizens’ essential housing needs, while preventing potential abuses.
Our law office remains at your disposal for any questions and legal support regarding the proposed amendments to the ZIO and their practical implications.
For additional information or consultations, the Tasić & Partners team is at your disposal.