Civil Procedure on Securing a Claim in the Republic of Kosovo

Abstract

Abstract The objective of the paper is to create a concept of what securing the claim is, based on the positive legislation of Kosovo’s law, comparing its regulation with laws of somewhat similar legislations of neighbouring regions, understanding its implementation in practice, to achieve conclusions and remarks based on law, facts, practice, and the comparative aspect. The Civil Procedure Law in the Republic of Kosovo is regulated with contested, non-contested or enforcement procedure. Securing the claim is an institute expressively regulated by the “Law on Contested Procedure of the Republic of Kosovo” on its XXI Chapter that defines its means and types. Considering securing the claim measures are present in civil law to prevent any possible threat of protected rights until the final verdict is given, this paper tends to achieve a realization of how these measures practically succeed in actual cases, if they meet the criteria set in the law, or if securing the claim proposal is approved by the court, if they unintentionally restrain the respondent from using their rights. Moving forward, how one distinguishes claim security and interim measures from one-another although they describe the main concept, is strictly reviewed under this article, to finally achieve conclusions and remarks based on questions raised as above.