Employers from ORM reached a compromise with the legislator in the Law on Enforcement and the Law on Notary and

Employers from ORM reached a compromise with the legislator in the Law on Enforcement and the Law on Notary and

декември 28, 2021

Constitutional Court decides – there is no need for lawyers in the procedures conducted by the perpetrators for the sum of more than EUR 10 thousand

The Constitutional Court – abolished part of the provisions of the Law on Enforcement. Citizens will not need to hire a lawyer for enforcement cases where the main debt exceeds 10 thousand euros, as the law now envisioned. In advance, three members were abolished, which were envisaged for Request for Enforcement, Objection to unlawful execution and an appeal against a decision on a complaint for a principal debt over 10 thousand euros, it is obligatory to compile a lawyer, except when the state, bank, savings house or a financial company. “

Abolished:

Article 28, paragraph 1 – Submission of a request for enforcement

Article 86 paragraph 1 – Objection to unlawful execution

Article 87, paragraph 1 – Appeal against the decision of the objection

… whose value of the main claim exceeds 10,000 EUR is compulsorily compiled by a lawyer and contains a lawyer’s seal and signature, except in cases when the creditor is a Republic of Macedonia, a bank, a savings house, a financial company, a financial leasing provider or an insurance company as a legal entity. “

This initiative was submitted by a group of citizens. But today, the Constitutional Court decided not to institute proceedings for another day a member of the law on execution, which stipulates that the Bar Association should harmonize the tariff with the provisions of the Law on Enforcement. The judges had different opinions, however, at the end, a decision was reached that the tariff for lawyers should be in accordance with the Law on Enforcement. Otherwise, from the moment when the law was enacted that provides for certain submissions in the procedures before a notary and an enforcement agent, the companies to hire a lawyer, followed by re-strikes between the business sector and the lawyers who have different attitudes regarding this legal solution.

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