ENFORCEMENT TITLES AS GROUND FOR ENFORCEMENT IN MACEDONIAN LAW

Abstract

This article analyzes the enforcement titles as ground for enforcement procedure in Macedonian
law. Without existence of an enforcement title, no forcible enforcement can be carried out (nulla
executio sine titulo). Due to the character of the enforcement proceedings and the coercive nature
of the actions and activities that are carried out in order of realization of a particular monetary or
non-monetary claim, the existence of the claim that should be collected in the proceedings for
forcible execution must be determined by a certain qualified title. The enforcement title (titulus
executionis) is a public document that determines the existence of the claim, its due, and the
identification of the parties in the enforcement proceedings in an authoritative and certain
manner. According to Macedonian law enforcement titles are the following: an enforceable court
decision and court settlement, an enforceable decision and settlement in an administrative
procedure if designated for fulfillment of a monetary claim, an enforceable notary public title, a
conclusion of the enforcement agent determining the enforcement costs, a decision for issuing a
notarial payment order and other title considered under the law as enforcement title including the
assumptions and conditions for each executive title. In addition, this article also elaborates the
role of the enforcement agents in the enforcement procedure from the aspect of their
competencies related to enforcement titles. For this purpose, the article presents the conditions
for appointment of an enforcement agent, their authorities and duties according to the Law on
Enforcement of the Republic of Macedonia. Enforcement titles actually guarantee safe and
complete fulfillment of the creditor's claim. Therefore, in the legal system, it is particularly
important to have enforcement titles that will authoritatively determine the creditor's claim.