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Law No. 23-1/11-4/5 of July 12, 2011, on Enforcement and Securing of Claims (promulgated by Decree No. 01-909/2 of July 20, 2011), Montenegro
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Year of Version
2011
Dates
Entry into force:
September 27, 2011
Adopted:
July 20, 2011
Type of Text
IP-related Laws
Subject Matter
Enforcement of IP and Related Laws
Notes
This Law governs the procedure of enforced satisfaction of claims on the basis of domestic or foreign enforceable or authentic document and securing of claims.
This Law supersedes the Law on Enforcement Procedure except for provisions of Articles 72, 73, 94, 131, 141, 143, 190, 202, 208, 214, 218, 232, and 237 concerning the territorial jurisdiction of the court which shall cease to have effect on the day of commencement of work of public enforcement officers (see Article 295).
The notification by Montenegro to the WTO under article 63.2 of TRIPS states:
'This Law defines the procedure of enforced satisfaction of claims on the basis of domestic or foreign enforceable or authentic document and securing of claims. This Law shall also apply to involuntary enforcement of a decision adopted in an administrative procedure on fulfilling a monetary obligation, if enforcement is levied on real estates, shares and holdings of business organization members. This Law shall also apply to involuntary enforcement of notarial documents and other documents envisaged by law. This Law shall also apply to enforcement and securing of claims on ship and aircraft, only if prescribed so by a separate law.'
Article 296 states that this Law shall enter into force on the expiry of 60 days from the day of its publication in the Official Gazette of Montenegro.
The law was published in the 'Official Gazette of Montenegro No. 36/11 of July 27, 2011.
Available Texts
Main text(s)
Main text(s)
Serbian
Zakon o Izvršenju i Obezbjeđenju
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English
Law No. 23-1/11-4/5 of July 12, 2011, on Enforcement and Securing of Claims (promulgated by Decree No. 01-909/2 of July 20, 2011)
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WTO Document Reference
IP/N/1/MNE/1
IP/N/1/MNE/
IP/N/1/MNE/O/5
WIPO Lex No.
ME031