Reference no.:
Official Gazette RS, No. 118/2006 and OdlUS XV, 98 | 11.10.2006
As by the challenged orders the courts dismissed execution proceedings by which immovable property was sold and annulled acts within such execution proceedings due to the withdrawal of the motion for execution, they interfered with the expected right of the buyer – the complainant. After an order on the recognition of a winning bid is finalized (sklep o domiku), a buyer of immovable property at auction in execution proceedings is namely in a position such that his/her rights are protected. His/her acquisition of the property right to the immovable property could only be prevented by his/her incapacity to pay the purchase price and not by any other subsequently arising circumstance (e.g. the withdrawal of the motion for execution). The interference with the complainant's expected right in the discussed case also entails a violation of his right to private property determined in Articles 33 and 67 of the Constitution. In the discussed case, the complainant's expectation of acquiring a property right is namely substantiated and concrete to the extent which satisfies the requirements of the concept of a justified expectation and is thus protected by the constitutional provision regarding the protection of private property. Therefore, the Constitutional Court annulled the challenged orders (the Local Court order in whole and the Higher Court order in part) and remanded the case to the court of first instance for new adjudication.
Document in PDF:
Type of procedure:
constitutional complaint
Type of act:
individual act
Date of application:
Date of decision:
Type of decision adopted:
Outcome of proceedings:
annulment or annulment ab initio rejection rejection