THE EFFECT OF PRESCRIPTION ON ENFORCEMENT PROCEEDINGS

  • Ivana Simonović

Abstract

Time is a legal fact capable of exerting a significant influence upon legal


relations. The influence of time (arising independently of human will and


directly on the basis of law) can be either creative or destructive. Namely,


the lapse of time can create a subjective right, modify or end it. One of


the legal institutions in which the influence of time on subjective right


comes to full expression is the prescription (statute of limitation)


regulated by the provisions of the Law on Obligation Relations in Serbian


law. It stipulates that the right to performance of an obligation is subject


to prescription; this right ceases to exist by the expiration of statutory


limitation period (prescription) in which the creditor could request


performance. The debtor may perform his obligation voluntarily or


forcefully, in the enforcement proceedings initiated on the proposal of the


creditor and, only exceptionally, ex officio in cases prescribed by law. In


this paper, the author analyses the influence of periods of prescription on


enforcement proceedings and the possibility to suspend such proceedings


due to limitation period (prescription). Two hypothetical situations are


analysed. One is the situation of the suspension of enforcement


proceedings due to the fact that the period of prescription has expired


before the commencement of enforcement. We see this situation as


undisputed. The second situation is the suspension of enforcement


proceedings because the limitation period occurred during such


proceedings. It seems to us that this situation can provoke some doubts;


therefore, we raise the question whether prescription is even possible in


enforcement proceedings.

Published
May 21, 2019
How to Cite
SIMONOVIĆ, Ivana. THE EFFECT OF PRESCRIPTION ON ENFORCEMENT PROCEEDINGS. Proceedings of the International Scientific Conference "Social Changes in the Global World", [S.l.], v. 1, n. 5, p. 319-335, may 2019. Available at: <http://js.ugd.edu.mk/index.php/scgw/article/view/2939>. Date accessed: 15 aug. 2020.