Serbian legal glossary

A

Apostille apostil

A certificate issued in the country where a document was issued or certified, confirming the signature and seal so that the document can be used in another country party to the Hague Apostille Convention. A power of attorney certified at a Serbian consulate does not need one. Read the guide →

APR (Business Registers Agency) Agencija za privredne registre

The Serbian agency that keeps the companies register, the register of financial statements, the pledge register and other public registers. Companies and sole traders are registered here, and a debtor's status can be checked online. Read the guide →

Assignment of claim cesija

A contract by which a creditor transfers a claim to another person, who becomes the new creditor. The debtor should be notified, and the new creditor must prove the transfer in court.

Authentic document verodostojna isprava

A document on which enforcement can be requested without a prior lawsuit, such as an invoice, a bill of exchange, a cheque or a certified extract from business books. If the debtor files a well-founded objection, the case continues as a lawsuit. Read the guide →

B

Beneficial owner stvarni vlasnik

The natural person who ultimately owns or controls a company. A Serbian company must record its beneficial owners in the Central Register within 15 days of registration, and banks check them before opening an account. Read the guide →

Bill of exchange menica

A security by which the issuer undertakes to pay a set amount. It is an authentic document, so enforcement can be requested on it without a lawsuit. A blank bill of exchange is given together with a written authorisation to fill it in. Read the guide →

C

Cadastre katastar nepokretnosti

The public register of real estate and rights over it, kept by the Republic Geodetic Authority. It shows the owner, the ownership shares and encumbrances such as mortgages. Read the guide →

Cadastre extract list nepokretnosti

The extract from the cadastre for a specific property. It shows the plot and building, the owner and shares, and encumbrances: mortgages, easements and notes on disputes or enforcement. It is the first document to check before buying. Read the guide →

Court interpreter sudski tumač

A sworn translator whose seal confirms that a translation matches the original. Foreign documents, apostilles and powers of attorney are used in Serbia with a court interpreter's translation, and an interpreter must attend a notarial signing if a party does not speak Serbian.

D

Decision on inheritance rešenje o nasleđivanju

The decision that ends probate. It states who the heirs are and what each inherits. Once final, it is the basis for registering the property in the cadastre and for releasing money from the deceased's bank accounts. Read the guide →

Default interest zatezna kamata

Interest owed for late payment of a money debt, from the due date. For debts in dinars the rate is the National Bank of Serbia key policy rate plus eight percentage points, and for euro debts the ECB main refinancing rate plus eight points, calculated as simple interest. Calculator (Serbian) →

Deposit kapara

An amount paid when a contract is concluded, as a sign that it is concluded. If the party who paid it backs out, the other party may keep it. If the party who received it backs out, the payer can claim double. Read the guide →

DOO društvo sa ograničenom odgovornošću

A Serbian limited liability company, the usual form for foreign investors. One or more founders, individuals or companies, can own 100% of it, and the minimum share capital is RSD 100. Read the guide →

E

Enforcement officer javni izvršitelj

A public officer who carries out enforcement: seizing funds on bank accounts, garnishing wages, listing movable assets and other measures. For utility claims the enforcement officer also issues the writ of execution. Read the guide →

Estate zaostavština

Everything the deceased owned at the time of death that passes to the heirs: real estate, money on accounts, vehicles and other rights. Assets found after probate are distributed by a separate decision. Read the guide →

F

Final decision pravnosnažna odluka

A decision against which no ordinary appeal is available any more. A writ of execution against which no objection is filed in time becomes final, and a final decision on inheritance is used to register property.

Forced share nužni deo

The part of the estate that belongs to the closest relatives even if a will leaves them out. Descendants, adopted children and the spouse are entitled to half of what they would inherit by law. It must be claimed and does not apply automatically. Read the guide →

I

Inheritance statement naslednička izjava

A statement by an heir that he or she accepts or renounces the inheritance. It is given before the notary or the court, and a lawyer can give it under a power of attorney. A renunciation cannot be withdrawn. Read the guide →

J

JMBG jedinstveni matični broj građana

The unique personal identification number of Serbian citizens and residents. Contracts, court filings and powers of attorney often ask for it. A foreigner without a JMBG uses a passport number instead.

L

Legalisation legalizacija isprave

Certification of a foreign document through the authorities of the issuing country and a diplomatic mission. It is needed when the issuing country is not party to the Apostille Convention, and takes longer than an apostille.

M

Mortgage hipoteka

A pledge over real estate securing a debt, usually a loan. It is registered in the cadastre. When a mortgaged property is sold, part of the price is usually paid directly to the bank to release the mortgage. Read the guide →

Motion for enforcement predlog za izvršenje

The filing by which a creditor asks for compulsory collection, based on an enforceable or an authentic document. Filing it interrupts limitation. Read the guide →

N

Non-resident nerezident

A person who is not a Serbian resident under foreign exchange rules, because of where he or she lives. A Serbian citizen who has long lived abroad can also be a non-resident. The status decides the type of bank account and the documents a bank asks for. Read the guide →

Note in the cadastre zabeležba

An entry that records facts relevant to a property, such as a court dispute, a ban on sale or enforcement. A note in the cadastre extract is a risk to clear up before paying anything. Read the guide →

O

Objection to a writ of execution prigovor na rešenje o izvršenju

The debtor's remedy against a writ of execution, filed within 8 days of service with reasons and evidence. Limitation must be raised expressly, because the court does not apply it on its own. Read the guide →

P

PIB poreski identifikacioni broj

The Serbian tax identification number. Every company receives one on registration, and a foreign buyer of property needs one for the tax filings. Read the guide →

Power of attorney punomoćje

A document by which the principal authorises an attorney to act in his or her name. From abroad it is signed at a Serbian consulate or before a local notary with an apostille. Property, inheritance and loans need a specific power of attorney. Read the guide →

Pre-contract predugovor

An agreement to conclude the main contract later. It is valid only in the form required for the main contract, so a pre-contract for real estate must also be made before a notary. Read the guide →

Pre-emption right pravo preče kupovine

The right of certain persons to buy before others on the same terms. When a co-owner sells a share, the other co-owners generally have this right. Read the guide →

Probate ostavinski postupak

The proceedings that establish who the heirs are and what they inherit. They are opened at the court of the deceased's last residence, usually handled by a public notary, and end with a decision on inheritance. Read the guide →

Public notary javni beležnik

A lawyer with public powers who prepares notarial deeds, solemnizes real estate contracts, certifies signatures and handles probate on behalf of the court.

R

Reciprocity uzajamnost

The principle under which a foreign individual can acquire real estate in Serbia if Serbian citizens can acquire property in that person's country. For most EU countries, the United Kingdom and the United States it exists for apartments and houses. Read the guide →

Recognition of a foreign judgment priznanje strane sudske odluke

Proceedings in which a Serbian court decides that a foreign judgment has effect in Serbia. Foreign arbitral awards are recognised under the New York Convention. Read the guide →

Registration of ownership uknjižba

The entry in the cadastre by which ownership or another real right is acquired, transferred or ended. A buyer becomes the owner when the cadastre registers him or her. Read the guide →

S

Single permit jedinstvena dozvola

A permit that covers both temporary residence and work for foreigners employed in Serbia. It is applied for online and issued as a biometric residence card. Read the guide →

Solemnization solemnizacija

Confirmation of a private document by a public notary, who checks its content and warns the parties of the consequences. Contracts for the sale of real estate must be solemnized, otherwise they are not valid. Read the guide →

Statute of limitations zastarelost

The time after which a debtor can refuse to pay. The general period is ten years, and claims between companies from contracts for goods and services generally three years. A lawsuit, a motion for enforcement or an acknowledgment of the debt interrupts it. A reminder does not. Read the guide →

T

Temporary residence privremeni boravak

The right of a foreigner to stay in Serbia longer than visa-free rules allow, always on a specific ground such as employment, a company, property, family or studies. Read the guide →

Transfer tax porez na prenos apsolutnih prava

The tax paid on the sale of real estate where no VAT applies, such as a resale apartment. The rate is 2.5% of the price. By law the seller pays it, but the contract can shift it to the buyer. Read the guide →

W

Will testament

A document by which a person decides who inherits. Under Serbian law the most common forms are a handwritten will, a will signed before two witnesses, and a will made before a judge or a notary. A foreign will does not apply automatically in Serbia. Read the guide →

Writ of execution rešenje o izvršenju

The decision allowing compulsory collection of a debt, issued on the creditor's motion. It names the creditor, the debt, the interest and the enforcement officer, and the debtor may object within 8 days of service. Read the guide →

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Explanations are general and simplified. The exact meaning in a specific case depends on the law and the circumstances.