Other areas

I'm buying or selling a flat. What should I check?

Before signing, check in the real-estate cadastre (katastar nepokretnosti) who is registered as the owner, whether there is a mortgage (hipoteka) or another encumbrance on the flat, and whether the building is registered or legalised (legalizovan). The sale contract is certified by a notary public (javni beležnik), and then the buyer is registered in the cadastre.

Covers: Checking the cadastre records · Sale contract · Registration of title (uknjižba) and legalisation

How does divorce work, and who pays child maintenance?

When the spouses agree in writing on the exercise of parental rights (roditeljsko pravo) and on the division of their joint property, they file a petition with the court for divorce by mutual consent (sporazumni razvod). Without an agreement, divorce is sought by a lawsuit. Both parents owe child maintenance (izdržavanje), according to their means and the needs of the child.

Covers: Divorce by mutual consent · Divorce lawsuit · Maintenance

How are probate proceedings started?

The court starts probate proceedings (ostavinski postupak) itself when it receives the death notice (smrtovnica) from the registrar (matičar), and it can also start them at an heir's request. As a rule, the court entrusts the conduct of the proceedings to a notary public. You need the death certificate (izvod iz matične knjige umrlih), evidence of the assets, and the will (testament), if there is one.

Covers: Probate proceedings · Will · Heir's declaration (naslednička izjava)

I have a judgment, but the debtor is not paying. What now?

On the basis of an enforceable judgment or another enforceable document (izvršna isprava), you file a motion for enforcement (predlog za izvršenje) with the court, and collection is most often carried out by a public enforcement officer (javni izvršitelj), from the debtor's account, salary or assets. For a debt from an invoice or a bill of exchange (menica), enforcement can also be sought without a judgment, on the basis of an authentic document (verodostojna isprava).

Covers: Motion for enforcement · Monitoring the proceedings

How do I appeal against a decision of an administrative authority?

As a rule, an appeal (žalba) against a first-instance decision (rešenje) is lodged within 15 days of service, unless a special law provides otherwise. Against a final decision, an administrative dispute (upravni spor) can be brought by a lawsuit before the Administrative Court (Upravni sud), within 30 days. Proceedings on the residence and work of foreigners also have their own special rules.

Covers: Applications · Appeals · Administrative disputes

I'm a seafarer or a boat crew member and I've received a tax assessment. What now?

Whether you pay tax in Serbia on income earned on board depends on whether you were a Serbian tax resident (poreski rezident) in that year: what matters is the days you spent in the country and where your centre of vital interests (centar životnih interesa) is. The evidence is your contracts of engagement, employer certificates, seafarer's or boat crew book (pomorska ili brodarska knjižica) and the stamps in your passport. An appeal against the tax assessment (poresko rešenje) is lodged within 15 days of receipt.

Covers: Review of the tax assessment · Tax audit proceedings · Appeal

Article: How does a seafarer prove days spent outside Serbia?

Misdemeanour proceedings have been brought against me. What should I do?

Misdemeanour proceedings (prekršajni postupak) are started by an authorised body, for example the police or an inspectorate, with a request to the court or with a misdemeanour order (prekršajni nalog). You can file a request for a court decision (zahtev za sudsko odlučivanje) against a misdemeanour order within eight days of delivery. You can appeal against a judgment of the misdemeanour court within eight days of service.

Covers: Defence in misdemeanour proceedings · Appeal