Securing a Claim
Session
LAW
Description
“Securing a Claim”, is a topic of special importance for civil procedural law in the Republic of Kosovo, especially now that this institute is regulated by the provisions of the Law on Contested Procedure (LCP). In this regard, the role of the court is emphasized (both in the contentious procedure and in the enforcement one), in the implementation of this institute during the procedure of realization of the subjective civil rights of the parties in the procedure, or their contestation by the other party, as well as the implementation of the measures through which the claim is secured, in the enforcement procedure. Securing of a claim can be expressed if the security measure petitioner makes credible the existence of his claim, or his subjective right, as well as if there is a risk that without imposing such a measure the opposing party would significantly impede or hinder in various forms the realization of the claim. The LCP has provided the conditions under which the claim can be secured in the contentious procedure, the types of measures, the manner of assignment, as well as the legal remedies against the resolutions through which the proposed measures for securing the claim are determined or rejected.
Keywords:
claimant (security measure petitioner), respondent (security measure opponent), security measure, interim security measure, guarantee.
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-550-95-6
Location
UBT Lipjan, Kosovo
Start Date
28-10-2023 8:00 AM
End Date
29-10-2023 6:00 PM
DOI
10.33107/ubt-ic.2023.144
Recommended Citation
Idrizi, Nehat, "Securing a Claim" (2023). UBT International Conference. 23.
https://knowledgecenter.ubt-uni.net/conference/IC/LAW/23
Securing a Claim
UBT Lipjan, Kosovo
“Securing a Claim”, is a topic of special importance for civil procedural law in the Republic of Kosovo, especially now that this institute is regulated by the provisions of the Law on Contested Procedure (LCP). In this regard, the role of the court is emphasized (both in the contentious procedure and in the enforcement one), in the implementation of this institute during the procedure of realization of the subjective civil rights of the parties in the procedure, or their contestation by the other party, as well as the implementation of the measures through which the claim is secured, in the enforcement procedure. Securing of a claim can be expressed if the security measure petitioner makes credible the existence of his claim, or his subjective right, as well as if there is a risk that without imposing such a measure the opposing party would significantly impede or hinder in various forms the realization of the claim. The LCP has provided the conditions under which the claim can be secured in the contentious procedure, the types of measures, the manner of assignment, as well as the legal remedies against the resolutions through which the proposed measures for securing the claim are determined or rejected.