The Ministry of Justice of the Republic of Croatia has opened a public debate on the proposal for amendments to the Enforcement Act.
Here are the most interesting changes, announced by the working group of Ministry of Justice:
- enforcement proceeding upon trustworthy document will be conducted by public notaries as court trustees when performing activities in scope of the proceeding;
- the electronical communication and prescribed electronical form will be introduced in order for enforcement proceeding to be clear, available and more transparent for all the participants;
- the plan is that the costs of the enforcement procedure would be reduced (clause of enforceability would be automatically issued, court fees would be fixed, in some cases debtor would only pay a minimum amount of the costs to the other part, etc.);
- the proceeding’s notifications will be sent to the debtor in his/her personal electronic mailbox – e-Citizens along with the placing the notification on the court’s notice board;
- two new rules would be introduced that the eviction could not be carried out in the winter period (1st of November – 1st of April) and, in addition to the existing restriction regarding the real estate in which the debtor resides, there would be increasement of the debts’ limit on which the enforcement of the real estate would be prohibited, from HRK 20,000 to the amount of HRK 40,000;
- extension of the income receipts list exempt from the enforcement to new ones such as: Christmas bonus; Easter bonus; recourse; jubilee award; etc;
- in accordance to the EU Directive 93/13/EEZ on unfair conditions in the consumer contracts, stipulation will be added which prescribes that enforcement proceeding may postpone until lawsuit is initiated for revoking a settlement or notarial deed upon which enforcement or a lawsuit to establish its nullity is allowed, up to a maximum of 30 days, if the enforceable notarial deed originates from a contract concluded by the consumer and if there is a probability of the nullity of one or more contractual provisions;
- it is prescribed that the enforcement will be suspended ex officio if the creditor doesn’t undertake any action in the proceeding within 3 years, or if no enforcement action has been taken within the same period, which encourages creditor to actively participate in.
For further information on this topic please click on the following link.
Source: esavjetovanja.gov.hr
