LEGAL BARRIERS IN THE COUNTEREXECUTION PROCEDURE AND CONTRADICTIONS BETWEEN THE LAW ON EXECUTION PROCEDURE AND THE LAW ON OBLIGATIONS OF KOSOVO
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Abstract
This article critically evaluates the contradictory provisions contained in the Law No. 04/L-077 on Obligations of the Republic of Kosovo on certain cases of counter-execution. The context of this evaluation is the issue of counter-execution as a special procedure, within the framework of civil procedure, as regulated by the Law No. 04/L-139 on Execution Procedure of the Republic of Kosovo. This duality of legal regulation undermines the legal certainty of citizens, especially those from countries with fragile democracies that are going through transition phase, as in the case of the Republic of Kosovo.
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