The primary goal of the reformed enforcement law in Bosnia and Herzegovina (B&H) is efficient compensation. However, many impediments exist. In this paper, the authors present some of the problems and potential abuses of procedural rights in the enforcement law of B&H. Two instances of abuse of rights regarding real estate are presented, which can open the doorway to other abuses, as well. Also, the abuse of procedural rights in the enforcement procedure is seen as underexplored in legislation, doctrine and case law. The paper addresses similarities and differences between the entities’ and the Brcko District legal systems regarding the presented abuses, as well as comparative law. It is focused on the analysis of legislation and the interpretation thereof in light of recent case law in B&H and problems arising from it. The identified problems often prevent the goal of the enforcement procedure from being fulfilled. The paper has two parts, each dealing with one instance of abuse. The first part concerns the engineering of the most favourable offer in the bidding. The second part concerns the problem of a fictional offer to purchase real estate in the bidding and the character of the deposit. The paper provides suggestions for amending legislation based on some good legal solutions in the region.
Adjustment is an instrument of private international law by which courts modify or ignore applicable rules in cases with a foreign element. In order to determine whether this instrument can function in Serbian private international law, the present paper focuses on three issues. First, it should be explained which outcomes of the cases with a foreign element have to be avoided by adjustment. Second, it is important to determine whether adjustment is permitted and justifi ed in Serbian private international law. Third, it has to be explained how to adjust the rules. All these issues as well as the other issues concerning adjustment method are more fully and in detail discussed in the author’s doctoral dissertation.
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