Items of affective value in enforcement procedure

Gajinov, Tamara and Vavan, Zoran and MIjatović, Marija D. (2025) Items of affective value in enforcement procedure. Pravo - teorija i praksa, 42 (4). pp. 112-125. ISSN 0352-3713

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Abstract

Recognizing the particular significance certain possessions hold for their owners, this paper examines their status within the enforcement procedure in Serbia, especially in light of the core principle of safeguarding the debtor's personal dignity. Over the past several decades, marked by dynamic socio-political shifts in the region, the treatment of items with affective value has evolved. Through a historical analysis of the list of exempted items and a comparative overview of normative solutions across the former Yugoslav republics, the authors identify several commendable legislative adjustments. Nonetheless, the overarching assessment suggests a degree of legislative backsliding: rather than fostering progressive, compassionate changes in the treatment of debtors, recent amendments have shown declining concern for not only economic and social factors but also the debtor's professional, ethical, and emotional standing. As such, the current legal framework-focusing narrowly on the existential minimum-fails to adequately safeguard the dignity of debtors and their families, thus impeding the development of more humane enforcement practices in Serbia.

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