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2023 Actualities Civ. Proc. L. 253 (2023)
Co-Ownership of the Spouse as a Third Party on Real Estate from the Martial Property as His Right That (Does Not) Prevent Enforcement

handle is hein.journals/acvplw2023 and id is 271 raw text is: Asst. Prof. Stojana Petrovi, Ph.D. Co-ownership of the spouse as a thirdparty on real estate fromthe martial property as his right..., str. 253-275 Asst. Prof. Stojana Petrovi6, Ph.D., Faculty of Law, University of Banja Luka, Federation of Bosnia and Herzegovina* CO-OWNERSHIP OF THE SPOUSE AS A THIRD PARTY ON REAL ESTATE FROM THE MARTIAL PROPERTY AS HIS RIGHT THAT (DOES NOT) PREVENT ENFORCEMENT UDK: 347.626 (497.6) Scientific review paper In the paper, a normative-dogmatic identification of the adopted legal models of co-ownership of real estate, as a separate right of a third party in the enforcement procedure, was performed, as well as an analysis of the legal models of the martimonial property regime in the entities of Bosnia and Herzegovina. Current available domestic jurisprudence and legal theory were also considered. This, with the aim of determining whether the possibility of a spouse co-owner of real estate from the matrimonial property as well as a third party in enforecement proceedings, depends on the specifically adopted legal model, so that the enforcement conducted against the other spouse as the executive debtor is declared inadmissible in relation to his co-owned part. It is concluded that the co-ownership of the spouse who is not the executive debtor, in the procedure conducted for the purpose of forced settlement of the creditor of the other spouse of on the real estate as martial property, as a separate right, depends on the general legal model of co- ownership as a part of the right on the real estate as the object of execution. In order for the spouse, as a third party, to succeed with his separate objection, he needs to prove the existance of additional circumstances, specific to the martial status of the subjects and to the object of ececution. This, howewer, should not be understood as an udnue burden on the third party spouse, compared to other third-party-co-owners. Key words: martial property; real estate; off-book property; objection of a third party. 1. INTRODUCTION - QUESTIONS FOR ANALISYS The enforcement debtor's property is the object of enforcement which, according to the principle of formal legality, with reported exceptions, is carried out against him from the enforcement document.1 Even though the enforcement Assistant Professor at the Department of Civil Law and Civil Procedural Law, Faculty of Law, University of Banja Luka, Bulevar vojvode Stepe Stepanovida, 77, Banja Luka, Federation of Bosnia and Herzegovina, e-mail: stojana.petrovic@pf.unibl.org, ORCID ID: 0000-0002-9507-8585. 1 Nikola Bodiroga, The Theory of Enforcement Procedure, (Belgrade: Faculty of Law of the University of Belgrade, 2012), 152. 253

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