CIVIL PROCEDURE ACT1
(Officially consolidated text No. 2)
(ZPP-UPB2)
Part One
GENERAL PROVISIONS
Chapter One
MAIN PROVISIONS
Article 1
The present Act governs the procedural rules pursuant to which the courts shall hear and
decide on disputes arising out of personal and family relations, and disputes arising out of
property and other civil relations of natural and legal persons, unless the jurisdiction over
some of the said disputes is vested in a specialized court or a different body under special
statute.
Article 2
In civil proceedings, the court shall not decide beyond the limits and extent of the claim as
defined by the parties to the litigation.
The court shall not refuse to hear any dispute that is within its jurisdiction.
Article 3
The parties shall be free in disposition of the claims which they raise in the proceedings.
The parties may relinquish their own claim, acknowledge the opposite party’s claim and
conclude a settlement.
The court shall not permit the parties to perform any dispositive act:
1. which is not in conformity with peremptory norms;
2. or which is not in conformity with moral principles.
Article 4
The court shall decide upon the claim on the basis of an oral, immediate and public
consideration of the case.
In cases specified by the present Act, claims may also be determined on the basis of
procedural acts made in writing, and on the basis of hearsay or circumstantial evidence.
Article 5
Each party to the litigation shall be granted the opportunity to be heard on the opposing
party's claims and assertions.
The claims in respect of which the opposing party has not been heard may only be
decided upon if the present Act so stipulates.
Article 6
1
Official Gazette of the RS, No. 36/04
1
Civil proceedings shall be conducted in the official language of the court.
The parties and other persons involved in the proceedings shall have the right to use their
own language in accordance with statute.
Article 7
The parties shall state all facts giving rise to their cause of action and shall adduce
evidence proving these facts.
The court may decide to establish the facts which the parties have not stated and produce
the evidence which they have not adduced when the course of hearing and production of
evidence shows that the parties intend to perform dispositive acts which they are not entitled
to perform (third paragraph of Article 3), but may not found its judgment upon the facts on
which the parties have been denied the opportunity to be heard.
Article 8
The decision on the facts, which will be deemed to have been proven, shall be based
upon the opinion that the court shall take after a careful and thorough evaluation of every
piece of evidence in itself, and of the evidence as a whole, and considering the outcome of
the entire proceedings.
Article 9
In court, the parties, their statutory representatives and attorneys shall speak the truth and
exercise the rights stipulated by the present Act in a fair manner.
Article 10
Irrespective of the provisions on the protection of personal and other data, government
bodies, local government bodies, other statutory authorities as well as any other person or
organisation possessing the data requisite for judicial determination of the dispute shall have
the duty upon a court order to provide such data free of charge.
Article 11
The court shall see that the proceedings be completed without any unreasonable delay
and unnecessary expenses, and shall prevent any abuse of procedural rights by the parties
to the litigation.
In the event that the parties, interveners, their statutory representatives or attorneys, with
intention of harming another person or achieving goals contrary to the custom and usage or
good faith and fairness, abuse the rights stipulated by the present Act, the court may impose
on them a fine or other measures provided hereinafter.
In the case of abuse referred to in the preceding paragraph the fine imposed on natural
persons shall not exceed 300,000 tolars, while in legal persons, sole proprietors and
practicing lawyers it shall not exceed 1,000,000 tolars.
The court shall rule on the fine by a decree. In the decision it shall determine the term for
the payment of the fine. The term for payment shall not be shorter than 15 days and not
longer than three months.
If a natural person, a sole proprietor or a practising lawyer fails to pay the imposed fine
within the specified term, the court shall enforce the fine by applying a prison sentence so
that each uncollected amount of 10,000 tolars shall be converted into one day of
imprisonment, with the proviso that in case of natural persons the so determined term of
imprisonment shall not exceed 30 days, while in sole proprietors and practising lawyers it
shall not exceed 100 days. The punishment by imprisonment shall be enforced in
accordance with provisions of the law governing the enforcement of the prison sentence.
2
The court decision on the conversion of the fine under the preceding paragraph shall be
issued in the form of a special decree.
In the event that a legal person fails to pay the imposed fine within the due term, the court
shall collect the fine increased by 50% by virtue of office. The decree imposing the so
determined amount of fine shall be an executive instrument.
Article 12
A party who is not represented by an attorney and who by reasons of ignorance fails to
exercise their procedural rights shall be advised by the court of the acts of procedure which
they are entitled to execute.
Article 13
If adjudication of the dispute is dependent on a prior resolution of the question of whether
a right or legal relation exists (preliminary question of law), which has not yet been decided
by a judicial or other competent body, the court may resolve such question as well, unless
otherwise provided by special regulations.
Legal effects of the resolution passed on the preliminary question of law shall be limited to
the case under consideration.
Article 14
When the claim is based on the same state of facts that has already been adjudicated in
the criminal proceedings, the court shall be bound by a final condemnatory sentence issued
in the criminal proceedings, but only in respect of the existence of criminal offence and
criminal liability of the offender.
Article 15
Civil proceedings shall be conducted by the court consisting of a single judge.
The present Act defines the cases the court shall sit in a panel.
In civil proceedings, law clerks may perform only such procedural acts as are specified by
the statute.
In the proceedings conducted by a panel of judges, the powers vested in the single judge
shall be conferred on the presiding judge, unless otherwise provided by the present Act.
Article 16
If no particular form is prescribed for a certain act, such act shall be made in writing if out
of court, and orally if in court.
Chapter Two
JURISDICTION AND COMPOSITION OF THE COURT
1. Common provisions
Article 17
Immediately after receipt of the action, the court shall be bound to examine, by virtue of
office, whether and if so in what composition it has power to proceed therewith.
The jurisdiction shall be determined on the basis of facts stated in the action, and of
judicial knowledge.
If the circumstances upon which jurisdiction is based change during the course of the
proceedings, or if the plaintiff reduces the amount in dispute, the court which assumed
3
jurisdiction upon filing of the action shall retain it, even though the changes concerned would
otherwise confer the jurisdiction on another court of same type.
Article 18
At all times during the proceedings the court shall examine, by virtue of office, whether the
deciding upon the dispute is within the judicial power.
Should the court establish, during the course of proceedings, that not a court but a
different government body has power to decide upon the dispute, it shall declare the lack of
judicial jurisdiction, set aside the executed procedural acts, and reject the action.
Should the court establish during the course of proceedings, that the dispute does not fall
under the jurisdiction of courts of the Republic of Slovenia, it shall declare, by virtue of office,
the lack of jurisdiction, set aside the executed procedural acts and reject the action, save in
cases when the jurisdiction of courts of the Republic of Slovenia depends on the defendant's
consent and the same is granted.
Article 19
At all times during the proceedings, each court shall examine, by virtue of office, its
jurisdiction over the subject matter of the litigation.
When acting by virtue of office, a district court may declare the lack of jurisdiction over the
subject matter which falls under the jurisdiction of local courts not later than upon the
preliminary examination of the action or, if the defendant challenges jurisdiction in his
defense plea at the latest, not later than upon the appointment of the main hearing.
No appeal shall be allowed against the decree by which the district court has assumed the
jurisdiction over the subject matter.
Article 20
Should the panel of judges establish, by virtue of office or upon a motion by a litigant, that
the dispute should be heard by a single judge of the same court, the proceedings shall be
resumed before a single judge after the finality of the decree to this effect; and, whenever
possible, the single judge to which the case has been referred shall be the president of that
same panel. The single judge shall be bound by the final decision referring the case to him.
In the case provided by the first paragraph of the present Article, the panel may decide,
considering the state of proceedings, not to refer the case to the single judge but to complete
the proceedings itself. No appeal shall be allowed against such a decision.
If a panel has decided upon a dispute which should have been decided by a single judge,
such decision of the panel cannot be appealed against on the ground of not having been
issued by a single judge.
If during the proceedings a single judge finds, by virtue of office or upon a motion by a
party, that the dispute should be heard by a panel of the same court, the proceedings shall
be resumed before the panel. No appeal shall be allowed against a decree issued by the
single judge to this effect.
Article 21
Should the court establish that the proceedings are to be conducted pursuant to the rules
governing the non-contentious litigation, it shall the pass a decree on the stay of civil
proceedings, unless the judgement has already been rendered in respect of the main subject
of dispute. After the finality of such decree, the proceedings shall be resumed before the
competent court, pursuant to the rules governing the non-contentious litigation.
The acts executed and decisions issued by the court of civil jurisdiction shall not be
deemed to be void only on the ground of having been executed or issued in the civil
proceedings.
4
Article 22
Until the appointment of the main hearing, the court may declare the lack of territorial
jurisdiction upon a jurisdictional plea by the defendant, provided that such plea is not filed
later than along with his defence plea.
When acting by virtue of office, the court may declare its lack of territorial jurisdiction only
when another court has the exclusive territorial jurisdiction over the dispute concerned, and
not later than upon the preliminary examination of the action.
Article 23
After finality of the decree on the lack of jurisdiction (Articles 19 and 22), the court shall
refer the case to a competent court of competent jurisdiction. Prior to doing so, it may
request a declaration from the plaintiff if such declaration is deemed necessary.
The court to which the case has been referred shall resume the proceedings as if the
proceedings were commenced before this court.
Procedural acts performed by the court lacking jurisdiction shall not deem to be void only
on the ground of having been performed by an incompetent court.
Article 24
If the court to which the case has been referred is of opinion that the referring court or
some other court has power to hear it, it shall refer the case to a court competent to decide
upon the jurisdictional dispute, except when it finds that the case has been referred to it by a
plain error and that it should have been be sent to another court; in such event, it shall refer
the case to the competent court and notify accordingly the court referring the case in error.
The decision which the court of second instance has issued upon the appeal against the
decision the court of first instance on the lack of jurisdiction shall bind the court to which the
case is referred in respect of the jurisdiction, provided that upon issuance of such decision
the court of second instance had power to decide on the jurisdictional dispute between both
courts concerned.
The decision of the court of second instance on the lack of subject matter jurisdiction of
the court of first instance shall bind every court to which the case may subsequently be
transferred, provided that upon issuance of such decision the court of second instance had
power to decide upon the jurisdictional dispute between both courts concerned.
Article 25
Jurisdictional disputes between local and district courts shall be decided by the high court
having jurisdiction over the territory of the courts in dispute.
Jurisdictional disputes between local and district courts under jurisdiction of different high
courts, and those between courts of different types, shall be decided upon by the Supreme
Court.
Article 26
A jurisdictional dispute may be decided upon even if the parties have not made a prior
statement as to jurisdiction.
Until a jurisdictional dispute is decided upon, the court to which the case has been referred
shall be obliged to perform all acts of procedure the postponement of which might be
dangerous.
No appeal shall be allowed against the decision on a jurisdictional dispute.
Article 27
5
Each court shall perform the acts of procedure in the territory under its jurisdiction; When
delaying would be dangerous, the court may decide to perform individual acts also in the
territory of jurisdiction of the neighbouring court. It shall report thereon to the court in whose
territory o jurisdiction the act was performed.
Article 28
Judicial proceedings in cases involving foreign citizens who enjoy immunity in the
Republic of Slovenia and in cases involving foreign states or international organizations shall
be governed pursuant to the rules of international law.
If doubt is raised in respect of the existence or extent of the immunity privilege, the
Ministry of Justice shall pass a binding opinion thereon.
2. International Jurisdiction
Article 29
The courts of the Republic of Slovenia shall have power decide upon the disputes
involving an international element when their jurisdiction is derived from an express provision
of a statute or international agreement. If concerning a particular type of dispute no such
provisions are contained neither in a statute nor in any international agreement, the courts of
the Republic of Slovenia may also assume jurisdiction by virtue of provisions governing
territorial jurisdiction stated hereinafter.
3. Subject – matter jurisdiction
Local Courts
Article 30
Local courts shall have jurisdiction to adjudicate in the property-law related disputes, when
the value of dispute does not exceed 2,000.000,00 Tolars.
Local courts shall have jurisdiction to adjudicate cases regardless of the value of the
dispute:
1. in disputes for disturbance of possession;
2. in disputes on easements and real encumbrances;
3. in disputes on lease or tenancy relations.
Local courts shall also have the jurisdiction over disputes for which district courts have no
jurisdiction according to this Act or any other statute.
Local courts also perform matters of legal aid for which statute does not provide
jurisdiction of another court and other matters determined by statute.
Article 31
The proceedings in disputes under the jurisdiction of local courts shall be conducted by a
single judge.
District Courts
Article 32
District courts shall have jurisdiction to adjudicate in the property-law related disputes,
when the value of dispute exceeds 2,000,000,00 Tolars.
District courts shall have jurisdiction to adjudicate cases regardless of the value of the
dispute:
6
1. in disputes relating to the finding or challenge of paternity or maternity;
2. in matrimonial disputes;
3. in disputes arising from statutory maintenance obligations;
4. in disputes relating to the care and upbringing of children;
5. in disputes relating to contacts of children with their parents and other persons when
they are solved jointly with disputes from point 4;
6. in disputes arising out of copyright and in disputes relating to the protection or use of
inventions and marks of distinctiveness or to the right to use a firm name and in disputes
relating to the protection of competition;
7. in commercial disputes;
8. in disputes arising from bankruptcy proceedings.
District courts shall also have jurisdiction to perform matters of legal aid for deciding upon
recognition of foreign court decisions in matters which are within their jurisdiction and for
performing matters of international legal aid.
District courts shall also perform other matters determined by statute.
Article 33
The proceedings in disputes under the jurisdiction of district courts shall be conducted by
a single judge, save when the statute provides that such proceedings be conducted by a
panel of judges.
Matters relating to provision of legal aid within the district court jurisdiction shall be dealt
with by a single judge.
A panel of the district court shall consist of one professional judge who shall be the
presiding judge and of two lay judges.
Article 34
The district court shall sit in a panel when deciding:
1. upon disputes arising out of copyright or relating to the protection and use of inventions
and marks of distinctiveness or to the right to use a company title, and disputes relating to
the protection of competition;
2. upon matrimonial actions, disputes relating to statutory maintenance obligations,
paternity and maternity suits, and disputes on the care and upbringing of children.
Higher Courts
Article 35
Higher courts shall have power:
1. to decide upon appeals against the decisions of local and district courts;
2. to deal with such other matters as are laid down by the statute.
Article 36
The proceedings before the higher court shall be conducted by a panel consisting of three
judges.
The Supreme Court
Article 37
The Supreme Court shall have power:
1. to decide upon appeals against the decisions of higher courts;
7
2. to decide upon revisions and petitions for protection of legality;
3. to deal with such other matters as are laid down by the statute.
Article 38
In deciding upon appeals against decisions of higher courts, the Supreme Court shall sit in
a panel consisting of three judges.
In reviewing the lower court proceedings and deciding upon petitions for protection of
legality filed against lower courts decisions, the Supreme Court shall sit in a panel consisting
of five judges.
Definition of Amount in Dispute
Article 39
If the subject-matter jurisdiction, or the right to revision, or the resolution of any other issue
contained by the present Act depend on the amount in dispute, such amount shall be defined
as the value of the principal claim.
Interest, costs of litigation, contractual penalty clause and other lateral claims shall be
excluded from the amount in dispute, except when claimed as the principal.
Article 40
In claims relating to the recurrent dues payable in the future, the amount in dispute shall
be defined as the sum of all these dues but shall not in any case exceed the sum payable in
the period of five years.
Article 41
In actions containing several claims of the same plaintiff against the same defendant
which are based upon the same factual and legal ground, the amount in dispute shall be
defined as the sum of values of all claims.
If the claims are based upon a different factual and legal ground, or filed against several
defendants, the jurisdiction shall be determined according to the value of each separate
claim.
Article 42
In disputes on the existence of a lease or tenancy, the amount in dispute shall be defined
as the value of one year’s rent, unless the lease or tenancy agreement is concluded for a
shorter period of time.
Article 43
If the action is brought only to obtain security for a certain claim or to create a mortgage,
the amount in dispute shall be defined as the value of the claim sought to be secured. If the
value of the mortgage property is smaller than the claim sought to be secured by mortgage,
the amount in dispute shall be defined as the value of the property to be mortgaged.
Article 44
If in the action raising a non-monetary claims the plaintiff declares his willingness to accept
a certain sum of money in lieu of satisfying the claim, such sum shall be considered as the
amount in dispute.
In other non-monetary claims, the amount in dispute shall be defined as the amount stated
by the plaintiff in action.
8
If, in the case referred to in the second paragraph of the present Article, the amount in
dispute stated in the action is evidently too high or too low, thereby putting into question the
subject-matter jurisdiction or the right to revision, the court shall, not later than upon the main
hearing and even before the main subject of dispute commences to be tried, examine the
correctness of the stated amount in an expeditious and appropriate manner. The court
decree upon the correctness of determination of the amount in dispute shall be issued
immediately and shall not be appealable against.
Article 45
In the non-monetary claims where the subject-matter jurisdiction or the right to revision
depend on the amount in dispute which the plaintiff has failed to state, the court shall act
pursuant to provisions of Article 108 hereof governing the proceedings with incomplete
pleadings.
4. Territorial jurisdiction
a) General Territorial Jurisdiction
Article 46
Civil proceedings shall be conducted by a court of general territorial jurisdiction over the
defendant, except if another court has exclusive territorial jurisdiction under the statute.
In cases specified by the present Act, the proceedings may be conducted, in addition to
the court of general territorial jurisdiction, also by a the court whose jurisdiction is based
upon the provisions contained hereinafter.
Article 47
The general territorial jurisdiction shall be vested in the court on the territory on which the
defendant has his permanent residence.
If the jurisdiction of courts of the Republic of Slovenia is based upon the fact that the
defendant has his temporary residence in the Republic of Slovenia, the general territorial
jurisdiction shall be vested in the court on the territory on which the defendant has his
temporary residence.
If the defendant has a temporary residence in addition to the permanent one and if it can
be assumed from the circumstances of the case that he will stay in the place of temporary
residence for a longer period of time, the general territorial jurisdiction shall also be vested in
the court on the territory on which the defendant has his temporary residence.
Article 48
In disputes involving legal persons, the general territorial jurisdiction shall be vested in the
court on the territory on which legal person has its registered office. In the event of a doubt,
the registered office shall be deemed to be the place where the bodies of management of
the legal person are located.
b) Special Territorial Jurisdiction
Jurisdiction over Co-Litigants
Article 49
If the same action is brought against several persons (clause 1 of the first paragraph of
Article 191) who are under territorial jurisdiction of several courts, the territorial jurisdiction
shall be vested in the court of territorial jurisdiction over one of the co-defendants; if the latter
9
are sued as principal and accessory obligors, the territorial jurisdiction shall be vested in a
court having territorial jurisdiction over one of the principal obligors.
Jurisdiction in Disputes Arising from Statutory Maintenance Obligations
Article 50
If the plaintiff in the action founded on statutory maintenance obligation is a person
claiming the maintenance, the territorial jurisdiction shall be vested, in addition to the court of
general territorial jurisdiction, also in the court on the territory of which this person has his
permanent or temporary residence.
If the power of courts of the Republic of Slovenia to decide upon maintenance disputes
involving an international element is based upon the fact that the plaintiff is a child having his
permanent residence in the Republic of Slovenia, the territorial jurisdiction shall be vested in
the court on the territory on which the plaintiff has his permanent residence.
If the power of courts of the Republic of Slovenia to decide upon maintenance disputes is
based upon the fact that the defendant’s property is situated in the Republic of Slovenia
which is sufficient for coverage of the amount of maintenance, the territorial jurisdiction shall
be vested in the court on the territory on which the said property is situated.
Jurisdiction in Disputes Relating to a Contract
Article 51
If the power of courts of the Republic of Slovenia to decide on a dispute founded on a
contract is based upon the fact that under the contract the place of performance of obligation
is in the Republic of Slovenia, the territorial jurisdiction shall be vested in the court on the
territory on which the obligation in dispute should have been performed.
Jurisdiction in Disputes Relating to Tort
Article 52
The territorial jurisdiction to decide upon tort liability shall be vested, in addition to the
court of general territorial jurisdiction, also in the court on the territory of which the tort has
been committed and in the court on the territory of which the damage has occurred.
If damages involve death or serious bodily injury, the territorial jurisdiction shall be vested,
in addition to the court referred to the first paragraph of the present Article, also in the court
on the territory of which the plaintiff has their permanent or temporary residence.
The provisions of the first and second paragraphs of the present Article shall also apply to
the disputes against insurance companies for compensation of damages to third persons in
accordance with the regulations on direct liability of insurance company, while the provision
of the first paragraph of the present Article shall also apply to the claims for the recovery of
damages against recourse debtors.
Jurisdiction in Disputes on Protection of Rights under Manufacturer’s Warranty
Article 53
The territorial jurisdiction to decide upon a dispute against a manufacturer issuing a written
warranty for the protection of rights created thereunder shall be vested, in addition the court
of general territorial jurisdiction over the defendant, also in the court of general territorial
jurisdiction over the seller who upon the purchase delivered the instrument of warranty to the
buyer.
Jurisdiction over Matrimonial Claims
10
Article 54
The territorial jurisdiction to decide upon matrimonial disputes shall be vested, in addition
to the court of general territorial jurisdiction, also in the court on the territory of which the
spouses had their last common permanent residence.
If the power of courts of the Republic of Slovenia to decide upon a matrimonial dispute is
based upon the fact that the last common permanent residence of the spouses was in the
Republic of Slovenia, or that upon bringing of the action the defendant’s place of permanent
residence was in the Republic of Slovenia, the territorial jurisdiction shall be vested in the
court on the territory of which the spouses had their last common permanent residence and
the court on the territory of which the plaintiff has their permanent residence.
Article 55
If the power of courts of the Republic of Slovenia to decide upon a property dispute
between the spouses is based upon the fact that the property owned by them is situated the
Republic of Slovenia, or that upon bringing of the action the fact the plaintiff had their
permanent or temporary residence in the Republic of Slovenia, the territorial jurisdiction shall
be vested in the court on the territory on which the plaintiff had their permanent or temporary
residence upon bringing of the action.
Jurisdiction over Paternity and Maternity Suits
Article 56
In procedure to establish or challenge paternity or maternity, the child may bring the action
also with the court on the territory of their permanent or temporary residence.
If the power of courts of the Republic of Slovenia to decide upon paternity or maternity
suits is based upon the fact that the plaintiff’s place of permanent residence is in the
Republic of Slovenia, the territorial jurisdiction shall be vested in the court on the territory of
which the plaintiff has hia permanent residence.
Jurisdiction in Disputes Relating to Immovable Property or Disturbance of Possession
Article 57
The exclusive territorial jurisdiction over the disputes on title to or other rights in
immovable property, on disturbance of possession of immovable property and on lease or
tenancy of immovable property shall be vested in the court on the territory of which the
immovable property is located.
If the immovable property is located on territories of more than one court, each of these
courts may assume the jurisdiction over the said disputes.
The jurisdiction to decide upon disputes arising from the disturbance of possession of
movable property shall be vested, in addition to the court of general territorial jurisdiction,
also in the court on the territory of which the possession has been disturbed.
Jurisdiction in Disputes Relating to Aircraft and Ships
Article 58
If courts of the Republic of Slovenia have power to decide upon disputes on title to or
property rights in aircraft or ships and upon disputes on lease or aircraft or ships, the
exclusive territorial jurisdiction shall be vested in the court on the territory of which the
register is kept into which the aircraft or ship is entered.
If courts of the Republic of Slovenia have power to decide upon disputes on disturbance of
possession of aircraft and ship, the territorial jurisdiction shall be vested, in addition to the
11
court on the territory of which the register is kept, also in the court on the territory of which
the possession has been disturbed.
Jurisdiction over Persons Outside General Territorial Jurisdiction of Courts of the
Republic of Slovenia
Article 59
If the power of courts of the Republic of Slovenia to decide upon a dispute is based upon
the fact that any object in dispute or property owned by the defendant is located in the
Republic of Slovenia, the territorial jurisdiction shall be vested in the court on the territory of
which the object or property concerned is located.
Jurisdiction over Branch Office of a Legal Person
Article 60
The territorial jurisdiction to decide upon disputes against a legal person with a branch
office outside the place of its registered office shall be vested, in addition to the court of
general territorial jurisdiction, also in the court on the territory of which the branch office is
situated, provided that the dispute relates to a legal transaction effected by the branch office.
Jurisdiction over Foreign Persons Operating Business in the Republic of Slovenia
Article 61
The territorial jurisdiction to decide upon disputes against a foreign natural or legal person
arising from their operation of business in the Republic of Slovenia shall be vested in the
court on the territory of which the branch office of a legal person or, respectively, the
residence of a natural person is situated, or in the court on the territory of which the
registered office of the person entrusted with the management of a foreign person’s business
affairs is situated.
Jurisdiction over Disputes Relating to Inheritance
Article 62
Until the final completion of the probate proceedings, the territorial jurisdiction to decide
upon disputes relating to the law of succession and upon creditors’ claims on the decedent
shall be vested, in addition to the court of general territorial jurisdiction, also in the court
conducting the probate proceedings and the court of territorial jurisdiction over the court
conducting the probate proceedings.
Jurisdiction in Disputes Arising in Relation to Execution and Bankruptcy Proceedings
Article 63
The exclusive territorial jurisdiction to decide upon disputes arising during or due to the
judicial or administrative execution proceedings and upon disputes arising during or in
relation to bankruptcy proceedings, shall be vested in the court conducting the execution or
bankruptcy proceedings and in the court of territorial jurisdiction over the court conducting
the execution proceedings or, respectively, in the court on the territory of which the
administrative execution is being carried out.
Jurisdiction over the Place of Payment
Article 64
12
The territorial jurisdiction to decide upon disputes of the holder of a bill of exchange or a
cheque against the endorser shall be vested, in addition to the court of general territorial
jurisdiction, also in the court having jurisdiction over the place of payment.
Reciprocal Jurisdiction over Foreign Citizens
Article 65
If citizens of the Republic of Slovenia may be sued before a court of a foreign state that
would not have territorial jurisdiction over the concerned civil case pursuant to provisions the
present Act, the same rules on jurisdiction shall apply to actions against citizens of that same
foreign state brought before the courts of the Republic of Slovenia.
c) Delegation of Territorial Jurisdiction by a Higher Court
Article 66
If the court cannot proceed due to exclusion of a judge, the local or district court shall
notify thereon the high court which shall, in turn, notify accordingly the Supreme Court.
Thereupon, the Supreme Court shall delegate the power to conduct the proceedings to
another court from its territory with the competent jurisdiction over the subject-matter.
Article 67
Upon a motion by the party or by the court of competent jurisdiction, the Supreme Court
may assign another court of jurisdiction over the subject matter to proceed in the case if this
will evidently facilitate the completion of the proceedings or is supported by other good
reasons.
Article 68
If pursuant to the rules on international jurisdiction the courts of the Republic of Slovenia
have power to hear a certain case, but the provisions of the present Act are not clear on the
issue of which particular court is to assume the territorial jurisdiction, the Supreme Court
shall determine, upon a motion by the party, the court of jurisdiction over the subject matter
which is to assume the territorial jurisdiction.
d) Prorogation of Forum
Article 69
Unless an exclusive territorial jurisdiction is vested in a certain court by the statute, the
parties may conclude an agreement conferring the first instance jurisdiction upon a court
without territorial jurisdiction, under condition that this court has proper jurisdiction over the
subject matter.
If the statute provides that two or more courts have territorial jurisdiction over a certain
dispute, the parties may conclude an agreement conferring the first instance jurisdiction
upon one of these courts, or upon another court of proper jurisdiction over the subject
matter.
The prorogation agreement concluded by the parties shall be valid only if made in writing
and in reference to a specified dispute or future disputes that might arise from a specified
legal relationship.
The plaintiff shall attach the written agreement on the prorogation of jurisdiction to the
action.
Chapter Three
13
DISQUALIFICATION
Article 70
A judge or a lay judge shall be prohibited to exercise the judicial function:
1. if he himself is a party to the litigation or their statutory representative or attorney; or
their co-obligee, co-obligor or recourse debtor; or if in the litigation concerned he was heard
as a witness or an expert witness;
2. if he is permanently or temporarily employed by a party, or if he is a partner in a general
partnership, limited partnership or a limited liability company, or the silent partner in a silent
partnership which is a party to the litigation;
3. if a party or their statutory representative or attorney is his relative in direct line,
irrespective of removals, or in lateral line up to four removals, or his spouse or an in-law up
to two removals, regardless of whether the marriage has terminated or not;
4. if he is a guardian, adoptor or adoptee of a party, or their statutory representative or
attorney ;
5. if in the litigation concerned he has taken part in the proceedings before a lower court,
arbitration tribunal or another body;
6. if other circumstances render his impartiality doubtful.
Article 71
Immediately after learning of the existence of any of ground for disqualification under
clauses 1 to 5 of the preceding Article, the judge or lay judge shall discontinue forthwith any
activity in the proceedings and shall notify thereon the president of the court, who shall
appoint a substitute judge or lay judge. If disqualification involves the president or the chief
judge of the court, the latter shall appoint himself a substitute from among the judges of the
same court or, if this is impossible, act in accordance with Article 66 of the present Act.
If a judge or a lay judge believes that other circumstances exist which put his impartiality
into doubt (clause 6 of Article 70), he shall notify thereon the president or the chief judge of
the court, who shall pass a decree on his disqualification. Until such decree is passed by the
president or chief judge of the court, the judge may continue to take part in the proceedings.
If a judge is disqualified on the ground stated in clause 6 of Article 70 hereof, the acts of
procedure which he has performed after having learnt of the existence of such ground shall
have no legal effect.
Article 72
The disqualification of a judge may also be moved for by the parties.
A party shall be bound to bring a motion to disqualify a judge or a lay judge immediately
after learning of any grounds for disqualification and not later than before the completion of
the hearing before the competent court or, if there is no hearing, before the judgement is
passed.
When challenging a judge, the party shall state the circumstances which in their opinion
form the legal ground for disqualification.
Article 73
The motion for disqualification shall be decided upon by the president or the chief judge of
the court.
If the motion for disqualification involves the president or chief judge of the court, the
decree thereon shall be rendered by the president of court immediately above.
If the motion for disqualification involves the president of the Supreme Court, the decree
thereon shall be rendered by a plenary session of the Supreme Court.
14
Before the decree on disqualification is passed, the judge or the lay judge whose
disqualification has been moved for shall be heard thereon and, if necessary, other inquiries
shall be made.
No appeal shall be allowable against the decree granting to the motion for disqualification
and no special appeal shall be allowable against the decree dismissing motion for
disqualification. A special appeal shall be allowed against the decree on dismissal of the
motion challenging a judge of the high court..
Article 74
Immediately after learning that he is being challenged, the judge or lay judge shall
discontinue forthwith any further activity in the litigation; if he has been challenged pursuant
to clause 6 of Article 70 of the present Act, he may, however, continue to execute procedural
acts.
If a judge is disqualified on the ground stated in clause 6 of Article 70 of the present Act,
the procedural acts which he has performed since the party challenged his impartiality shall
have no legal effect.
Article 75
The provisions on disqualification of a judge and lay judge shall apply, as appropriate, to
the challenging of law clerks and recording clerks.
The motion for disqualification of a law clerk or recording clerk shall be decided upon by
the judge.
Chapter Four
PARTIES AND THEIR STATUTORY REPRESENTATIVES
Article 76
Any natural or legal person may sue or be sued in civil litigation.
Special regulations shall define those who may be a party to a civil litigation in addition to
natural or legal person.
In exceptional cases and with legal effect limited to the case under consideration, the civil
court may recognize the capacity to sue also to those forms of association which are not
capable to sue pursuant to the first and second paragraphs of the present Article, when it
finds that with respect to the dispute in question they meet the other essential conditions for
suing or being sued, especially if they possess assets that can be subject to execution.
No appeal shall be allowed against the decree on recognition of the capacity to sue in a
particular litigation issued in pursuance of the third paragraph of the present Article.
Article 77
A party with full legal capacity may perform procedural acts by themselves (capacity to
litigate).
A person of legal age whose legal capacity is limited shall be capable to litigate within the
limits of his/her legal capacity.
A minor who has not yet gained full legal capacity shall be capable to litigate to the extent
to which his legal capacity is recognized.
Article 78
The party incapable to litigate shall be represented by their statutory representative.
15
The statutory representative shall be appointed by the statue or by an act issued by a
body competent for social affairs pursuant to the statute.
Article 79
A statutory representative may perform all procedural acts on behalf of the represented
party either by himself or, when so provided for by the present Act, through agency of an
attorney; if special regulations provide that a special permit is required for the representative
to bring or withdraw the action, to acknowledge or relinquish the claim, to conclude a court
settlement, or to execute any other act of procedure, he shall be allowed to carry out these
acts only when in possession of such a permit.
Whoever purports to be a statutory representative shall have to prove upon a court order
that his power is that of a statutory representative. If a special permit is required for the
performance of certain acts of procedure, the statutory representative shall have to prove
that he is in possession of such a permit.
Should the court find that the statutory representative of a person under guardianship fails
to exhibit due care in the representation of such person, it shall advise thereof the body
competent for social affairs. If the recall of the representative might cause damage to the
person put under guardianship, the court shall stay the proceedings and request the
appointment of a new statutory representative.
Article 80
At all times during the proceedings the court shall be bound to examine whether the
persons acting as parties to the litigation have the capacity to sue and to litigate, whether the
incapacitated party is represented by their statutory representative, whether the statutory
representative is in possession of a special permit when such permit is required, and
whether the party is represented by a person referred to in the third paragraph of Article 86
and/or in the third paragraph of Article 87 of the present Act.
Article 81
Should the court find that the person acting as a party is not capable to sue in civil
proceedings and that such lack of capacity can be done away with, it shall order the plaintiff
to correct the action appropriately or to take such other measures as are necessary for a
resumption of the proceedings with a person capable to sue.
If the court finds that a party does not have a statutory representative or that the latter is
not in possession of a special permit when such is necessary, it shall likewise require the
body competent for social affairs to appoint a guardian to the person incapable to litigate, or
shall order the statutory representative to obtain the special permit or to take such other
measures as are necessary for the incapable party to be duly represented.
The court may grant to a party a time period to do away with the shortcomings referred to
in the first and second paragraphs of the present Article.
Until the shortcomings are done away with, only those procedural acts may be performed
the postponement of which might cause damage to the party.
If the above stated shortcomings cannot be done away with, or upon expiration of the time
period to do so, the court shall decree to set aside the executed procedural acts insofar as
such acts are affected by the shortcomings; if the latter are of such nature that they make the
further litigation impossible, the court shall reject the action.
No appeal shall be allowed against the decree ordering the implementation of measures to
do away with procedural shortcomings.
Article 82
16
Should it become apparent during the first instance proceedings, that the regular
procedure for appointment of a statutory representative to the defendant would be too
lengthy and capable of causing detrimental consequences to one or both parties, the court
shall appoint to the defendant, upon a motion by the plaintiff, a representative ad litem.
The court shall appoint the representative ad litem under the proviso referred to in the first
paragraph of this Article and particularly in the following cases:
1. if the defendant lacks the capacity to litigate and is without a statutory representative;
2. if the interests of the defendant and of his statutory representative are in conflict;
3. if both parties have the same legal representative;
4. if the residence or registered office of the defendant is unknown and the defendant is
without an attorney;
5. if the defendant and/or his statutory representative who does not have an attorney in
the Republic of Slovenia are abroad and if the process is thus prevented from being served.
Of the appointment of a representative ad litem, the court shall immediately advise the
body competent for social affairs and, if possible, the parties.
The court shall appoint a representative ad litem from among notaries, practicing lawyers
and other qualified persons.
The expenses incurred by the appointment of a representative ad litem shall be paid in
advance by the plaintiff. If the plaintiff fails to advance the costs for the temporary
representative, the court shall reject the action.
If the circumstances referred to in the second paragraph of this Article occur on the side of
the plaintiff after the action has been filed, the court may, upon a motion and to the expense
of the defendant, appoint a representative ad litem to the plaintiff.
Article 83
In the proceedings to which he has been appointed, the representative ad litem shall have
the same rights and duties as are vested in the statutory representative.
The representative ad litem shall acquire these rights and duties upon the date of
appointment and shall retain them until the defendant or the plaintiff, or their respective
attorneys, appear in court, or until the body competent for social affairs notifies the court on
the appointment of a guardian.
Article 84
If a representative ad litem is appointed to the either party for reasons referred to in
clauses 4 and 5 of the second paragraph of Article 82 of the present Act, the court shall
issue an announcement thereon which it shall publish in the Official Gazette of the Republic
of Slovenia and on the court notice board or, when necessary, in another appropriate way.
The announcement shall contain the following: the name of the court which has appointed
the representative ad litem; the legal ground for appointment; the name of the defendant or
the plaintiff to whom the representative is appointed; the matter in dispute; the name of the
representative, his occupation and residence; and a notice to the effect that the
representative will represent the defendant, or the plaintiff, in the proceedings as long as the
defendant or the plaintiff, or their respective attorneys, appear in court or until the body
competent for social affairs notifies the court on appointment of a guardian.
Article 85
A foreign citizen who is not able to litigate pursuant to the laws of his state, but is able to
litigate pursuant to the laws of the Republic of Slovenia, may perform the acts of procedure
by himself. Such acts may also be performed by his statutory representative, unless the
foreign citizen declares that he will perform them by himself.
17
Chapter Five
ATTORNEYS
Article 86
Parties may perform acts of procedure in person or through agency of an attorney.
However, in spite of being represented by an attorney the party may be ordered to produce
in court a personal statement as to the facts in dispute.
The party represented by the attorney may at any time appear in court and produce
statements in addition to their attorney.
In the proceedings of extraordinary judicial review the party may execute procedural acts
only through an attorney who is a practicing lawyer.
The provision of the preceding paragraph shall not apply to the party or their statutory
representative who has passed the state judicial examination.
Article 87
In the proceedings before a local court, any person of full legal capacity may act as an
attorney.
If the court finds that an attorney who is not a practicing lawyer lacks the representative
capacity, it shall warn the party on the possible detrimental consequences of a false
representation.
In the proceedings conducted by district and high courts and by the Supreme Court only a
practicing lawyer or other person who has passed the state judicial examination may act as
an attorney .
A professional law firm may also be empowered for representation in the court
proceedings.
Article 88
If the plaintiff brings an action before a district court through an attorney other than those
referred to in the third paragraph of Article 87 of the present Act, the court shall decree the
plaintiff to appoint, within a time period which shall not be longer than 15 days, an attorney in
accordance with the said provision, or to produce a statement that they will perform
procedural acts in person. By such decree the plaintiff shall be also warned on the legal
consequences of failure to act in accordance with the court order.
No appeal shall be allowed against the decree referred to in the preceding paragraph.
If the plaintiff fails to act in accordance with the decree referred to in the first paragraph of
this Article, the court shall reject the action as inadmissible.
If during the proceedings before a district court the plaintiff performs procedural acts by
agency of an attorney other than those referred to in the third paragraph of Article 87 of the
present Act, such acts shall deem not to have been performed.
Article 89
In the legal warning contained as a part of the local court decision, the parties shall be
warned that if they lodge an appeal by agency of an attorney, the attorney is to be chosen
from among persons referred to in the third paragraph of Article 87 hereof.
If the appeal is filed through the agency of an attorney other than those referred to in the
third paragraph of Article 87, the court shall reject it as inadmissible.
Article 90
18
Upon service on the defendant of the action brought in a district court, the defendant shall
be warned that if he intends to perform procedural acts through an attorney, the latter is to
be chosen from among persons referred to in the third paragraph of Article 87 hereof.
If in the district court proceedings the defendant performs procedural acts by way of an
attorney who is not a person defined in the third paragraph of Article 87 of the present Act,
the so performed acts shall deem not to have been performed.
Article 91
The court shall reject as inadmissible any appeal for extraordinary judicial review which is
lodged by agency of an attorney who is not a person defined in the third paragraph of Article
86 of the present Act.
If in the procedure of extraordinary judicial review the respondent does not perform
procedural acts through an attorney who is a person defined in the third paragraph of Article
87 of the present Act, such acts shall be deemed not to have been performed.
Article 92
The procedural acts which the attorney has performed within the limits of his power shall
have the same legal effect as if they were performed by the party themselves.
Article 93
The party may modify or revoke a statement made by the attorney at the same hearing
whereat the statement is made.
If in a hearing conducted in the absence of the party or in a pleading the attorney has
admitted to any fact and if party subsequently modifies or revokes such admission, the court
shall assess both statements pursuant to the provisions of the second paragraph of Article
214 of the present Act..
Article 94
The extent of power of attorney shall be determined by the party.
The party may empower the attorney to perform particular acts of procedure, or to act
generally in their behalf.
Article 95
If the party has empowered a practicing lawyer to conduct the litigation on their behalf
without having defined the extent of his powers, the attorney shall be empowered:
1. to perform all procedural acts and, in particular, to bring an action, to withdraw the
action, to acknowledge or relinquish a claim, to conclude a court settlement, to lodge any
means of ordinary judicial review and to waive or withdraw the same, and to apply for
interlocutory injunctions;
2. to apply for execution and protection of claims and to execute any such acts as he
deems fit and proper in this proceedings;
3. to receive from the opposing party the adjudicated amount of costs of litigation;
4. to transfer the power on another practicing lawyer or to empower another practicing
lawyer to perform particular acts of procedure on behalf of the party.
Upon the lodging of appeal for extraordinary judicial review, the practicing lawyer shall
submit to the court a special power of attorney.
In cases referred to in the third paragraph of Article 87 of the present Act, the practicing
lawyer may be substituted by a lawyer’s clerk employed with him, while in the proceedings
before local courts and in commercial litigations conducted before district courts where the
19
amount in dispute does not exceed 2.000,000 tolars, he may also be substituted by a lawyer
in trainee working in his office.
Article 96
On the basis of a power the extent of which the party has not determined, the attorney
who is not a practicing lawyer may execute all acts of procedure, except of the withdrawal of
action, acknowledgment of claim, relinquishment of claim, conclusion of a court settlement,
waiver and withdrawal of means of ordinary judicial review, and transfer of power to another
person, for which acts he shall be in possession of an express power.
Article 97
The party shall issue the power of attorney in writing.
Instead of the signature, a party who is illiterate or unable to sign papers shall leave on the
written power of attorney the print of their index finger. If the power is given to a person who
is not a practicing lawyer, it shall be effected in the presence of two witnesses and affixed
with their signatures.
Should the court have doubts over the authenticity of the document containing the power
of attorney, it may pass a decree providing for the submission of certified power of attorney .
No appeal shall be allowable against the decree to this effect.
Article 98
Upon performance of the first act of procedure on behalf of the party, the attorney shall
submit to the court the power of attorney or, if power has been granted to a legal person,
prove presumptively the existence thereof.
The person who has failed to submit to the court the power of attorney, may nevertheless
by allowed to perform, on a temporary basis, procedural acts on behalf of the party, but shall
be ordered by the court to produce the power within a given time period or to prove
presumptively the party’s approval of the procedural acts performed on their behalf.
Until the expiration of the time period prescribed for submitting of the power of attorney,
the court may not pass any decision; in the event of failure to submit the power within the
given time period, the court shall continue to proceed with the case, ignoring the acts
performed by the person without due power.
If within a time period granted by the court the attorney fails to submit the document
empowering him to file an action or a means of ordinary judicial review, the court shall reject
any action or means of ordinary judicial review which he has filed.
At all times during the proceedings, the court shall be bound examine whether the person
purporting to be an attorney has the power as of the attorney. Should the court establish that
the person purporting to be an attorney is without power, it shall set aside the acts of
procedure performed by him, unless they are subsequently approved by the party.
Article 99
The power of attorney may at any time be revoked by the party or cancelled by the
attorney.
The court conducting the proceedings shall be advised of the revocation or cancellation of
the power of attorney, either in writing or by oral deposition to be entered in the record.
In respect of the opposite party, the revocation and/or cancellation of power of attorney
shall come into effect in the moment when they are advised thereof.
In the period of one month subsequent to the cancellation of the power, the attorney shall
be bound to continue to execute on behalf of the person empowering him all such acts as
are required to avert the damage which that person might otherwise suffer in the said period.
20
Article 100
Upon the death or incapacitation of a party or his statutory representative who has granted
the attorney a general power to perform all acts of procedure, or upon the recall of their
statutory representative, the attorney shall remain empowered to perform all acts on behalf
of the party, unless and until his power is revoked by a heir of or a new statutory
representative of the party.
In cases referred to in first paragraph of the present Article, powers of an attorney who is
not a practicing lawyer, which are to be stated expressly (Article 96), shall terminate.
Article 101
The power of attorney granted by a legal person shall terminate upon the cessation of the
legal person.
The power of attorney given by the debtor in bankruptcy shall terminate on the day when
legal consequences of the commencement of bankruptcy proceedings come into effect.
Without prejudice to the provisions of the first and second paragraphs of the present
Article, the attorney shall be bound for another month to execute on behalf of the person
empowering him all such acts as are required to avert the damage which that person might
otherwise suffer in the said period.
Chapter Six
LANGUAGE IN THE PROCEEDINGS
Article 102
The parties and other persons involved in the proceedings shall have the right to use their
own language in all acts of procedure they perform in court. If the proceedings are not
conducted in the language of a party or of other persons involved in the proceedings, they
shall be afforded, upon a motion filed to this effect or when the court finds that they do not
understand the Slovenian language, oral translation of statements made at the hearing and
written translation of documents used as evidence.
The parties and other persons involved in the proceedings shall also be advised of their
right to attend the oral proceedings in their own language by way on an interpreter. The may
waive the right to translation by declaring that they understand the language in which the
proceedings are being conducted. The advice to the parties concerning their rights in respect
of the language and their statements in this regard shall be entered into the hearing record.
The translation shall be made by interpreters.
Article 103
Summons, decisions and other court writings shall be sent to the parties and other
persons involved in the proceedings in the language officially used by the court.
Article 104
The parties and other persons involved in the proceedings shall file actions, appeals and
other pleadings in the Slovenian language or in the languages of national communities
officially used by the court.
If a party files a pleading in a language which is not used officially by the court, the court
shall act pursuant to Article 108 of the present Act governing the procedure with incomplete
pleadings.
Chapter 7
21
PLEADINGS
Article 105
The action, defense plea, means of ordinary judicial review, and other statements, motions
and notices which are to be made out of court, shall be filed in writing (pleadings).
Pleadings shall be intelligible and shall contain all matter necessary for proceeding
therewith. In particular they shall contain: the name of the court, the name and permanent or
temporary residence or seat of the parties, the name of their statutory representatives and/or
attorneys, the matter in dispute, the contents of statement, and the signature of the person
who has filed the pleading. A pleading received by means of telecommunications technology
and a pleading received in compliance with the conditions determined by the law for the
application of information technology shall be deemed to be signed by the person stated as
the signatory.
If a statement contains any motion to the court, the party shall also state the facts upon
which the motion is based and, if necessary, adduce evidence supporting such facts.
Article 105a
The action, cross action, the motion for dissolution of a marriage, action containing the
motion for the issuing of a payment order, motion to reopen the proceedings, motion to
restore the original state, motion to secure evidence and motion to attempt settlement and
the pleading containing the announcement of the appeal, shall be accompanied by a
certificate of payment of the due court fee.
If the pleading from the preceding paragraph is not accompanied by a certificate of
payment of the due court fee that has to be paid pursuant to regulations governing the
payment of court fees, and the conditions to be exempt from payment of court fees are not
fulfilled, the court shall treat it as an incomplete pleading. If the certificate is not submitted
not even within the time term set for supplementation, the pleading shall be deemed to have
be withdrawn.
Article 106
Pleadings which are to be served on the opposing party shall be submitted in a sufficient
number of copies for the court and for the opposing party, and in such form as enables the
court to serve the pleading on the opposing party. The same shall apply to enclosures.
If the opposing party consists of several persons who are represented by a common
statutory representative or attorney, the pleadings and enclosures for all of those persons
may be submitted in a single copy.
Article 107
Documents enclosed to a pleading may be submitted in the original or in a transcript
thereof.
If an original document is submitted by the party, the court shall keep such document and
allow the other party to inspect it. Once the original document is no longer needed by the
court, it shall be returned to the party upon their motion; however, upon the return of the
original document the court may order the party to submit a transcript thereof.
If only a transcript of the document has been submitted, the court may, upon a motion by
the opposing party, order the party submitting the transcript to produce the original
document, and allow the opposing party to inspect it. Whenever necessary, the court may
specify a time period within which the original document is to be produced or inspected.
No appeal shall be allowed against any decree issued for purposes referred to in the
above paragraphs.
22
Article 108
If a pleading is unintelligible or does not contain all matters necessary for proceeding
therewith, the court shall order the person submitting the pleading to correct or supplement
it.
Upon ordering the correction or supplementing of a pleading , the court shall specify a
time period to do so.
If a pleading limited by a time period is corrected and/or supplemented and submitted to
the court in time, it shall be deemed to have been filed on the day when it was filed for the
first time.
In the pleading fails to be corrected or supplemented so as to enable the proceeding
therewith, the court shall reject it.
If the person submitting the pleading fails to submit a sufficient number of copies of the
pleading or its enclosures, the court shall order him to do so within a set time period. If the
person submitting the pleading fails to comply with this order, the court shall reject the
pleading.
In the order from the first paragraph of this Article, the court shall inform the person
submitting the pleading about the legal consequences if he fails to act in compliance with the
court’s order.
Article 109
The civil court shall impose punishment on any person who in the pleading insults the
court, a party or any other person involved in the proceedings in accordance with provisions
contained in the third, fourth, fifth, sixth and seventh paragraphs of Article 11 of the present
Act.
The punishment rendered pursuant to the first paragraph of the present Article shall be
without prejudice to rendition of a sentence for a criminal offence.
Chapter Eight
TIME PERIODS AND HEARINGS
Time Periods
Article 110
If a particular time period is not provided by the present Act, it shall be determined by the
court with respect to the circumstances of the case.
A time period specified by the court may be prolonged upon a motion by the affected party
for justified reasons.
The motion to prolong a time period shall be filed before the expiration of the same.
No appeal shall be allowed against the decree on prolongation of a time period.
Article 111
Time periods shall be calculated in hours, days and months.
If a time period is determined in days, the day on which the service is made or the notice
delivered or on which the event occurs, shall be excluded from the computation of a time
period; instead, the next following day shall be deemed to be the day on which the time
period has started running.
Time periods determined in months or years shall expire with the end of such day of the
last month or year as by its number corresponds to the day when the period started running.
If such day does not exist in the last month, the period shall lapse with the last day of this
month.
23
If the last day of the period happens to be a Saturday, Sunday or a holiday provided as
such by the Public Holidays Act, the time period shall expire on the next following working
day.
Article 112
If the filing of a pleading is limited by a time period, such pleading shall be deemed to have
been filed in time if delivered to the competent court before the prescribed time period has
elapsed.
If the pleading is dispatched by registered mail or by telegraph, the date of delivery to the
post office shall be deemed to be the day of delivery to the court which is designated as the
addressee.
In persons performing the compulsory military service, the date of delivery of the pleading
to the competent military command shall be deemed to be day of delivery of the same to the
court.
The provision of the third paragraph of the present Article shall also apply to persons
employed with military units, institutes or headquarters based in localities with no regular
postal services.
The date of service on the court by the prisoners shall be deemed to be the day when the
pleading is served on the board of penal or other institution in which they serve the sentence
or measure of imprisonment.
If, by reasons of ignorance or plain error of the sender who is without an attorney referred
to in the third paragraph of Article 86 and the third paragraph of Article 86 of the present Act,
a pleading the filing of which is limited by a time period has been timely delivered or
dispatched to a court lacking the jurisdiction and has, therefore, reached the competent court
after the lapse of the prescribed time period, it shall nevertheless deem to have been filed in
time.
The provisions of the above six paragraphs of the present Article shall also apply to time
periods within which actions are to be brought by virtue of special regulations, and to terms
of limitation of claims and other rights.
Hearings
Article 113
The court shall fix a hearing by virtue of the provisions of the present Act and whenever it
considers it appropriate with respect to the course of proceedings. No appeal shall be
allowed against the decree by which the date of a hearing is appointed.
The court shall in good time summon to the hearing the parties and other persons whose
presence it considers necessary. The summons shall be enclosed with the pleading owing to
which the hearing is fixed, and shall state the place and time of hearing. If the pleading is
dispatched separately from the summons, the summons shall contain the particulars of the
parties, the matter of dispute, and the acts of procedure to be performed at the hearing.
In the summons, the court shall specifically warn about the legal consequences of not
attending the hearing.
Article 114
As a rule, hearings shall be conducted in the court building.
However, the court may also decree to conduct the hearing outside the court building if so
is considered necessary or reasonable in respect of time and costs of procedure. No appeal
shall be allowable against the decree to this effect.
Article 115
24
The court may adjourn the hearing if this is necessary for purposes of production of
evidence or for justified good reasons.
Upon adjournment of the hearing, the court shall announce the place and time of a new
hearing.
For justified reasons, the court may adjourn the hearing also for an indefinite period of
time.
When the hearing is adjourned, the judge shall enter in the hearing record the reasons for
adjournment.
No appeal shall be allowed against the decree on adjournment of the hearing.
Reinstatement
Article 116
If a party fails to appear at the hearing, or to perform an act of procedure within the
prescribed time period, thus losing the right to perform such act, the court shall permit the
party, upon their motion, to perform the missed act at a later stage (reinstatement) when it
establishes that the default was due to justified reasons.
By passing of the decree on reinstatement, the litigation shall be restored to the state
existing prior to default and all decisions adopted on the basis of default shall be set aside.
Article 117
The motion for reinstatement shall be filed with the court in which the missed act of
procedure should have been performed.
The motion for reinstatement shall be filed within 15 days after cessation of the reason for
which the party missed the hearing or the time period; if the party has come to know about
the default only after the lapse of the above stated term.
Reinstatement may no longer be moved when three months have lapsed since the day of
default.
If reinstatement is moved for on the ground of delay in performance of a certain act, the
mover shall perform the belated act upon filing of the motion.
Article 118
Reinstatement shall not be permissible if moved for on the ground of delay in filing of the
motion for reinstatement, or if the party has missed the hearing fixed upon the motion for
reinstatement.
Article 119
Motion for reinstatement shall not affect the course of proceedings. Nevertheless, the
court may decide that the proceedings be suspended until the motion for reinstatement
becomes final.
If the court of first instance renders the decree for suspension of the proceedings while the
case is being heard in the appellate proceedings, the higher court conducting these
proceedings shall be advised of such decree.
Article 120
Belated and/or inadmissible motions for reinstatement shall be rejected by a decree
issued by the judge presiding the panel.
The court shall fix a date to hear the motion for reinstatement, except if the facts upon
which the motion is based are known to the court or if the motion has been brought for
clearly unjustified reasons.
25
Article 121
No appeal shall be allowed against a decree granting the motion for reinstatement, except
when the motion has been granted contrary to the provisions of Article 118 of the present
Act, or if a belated motion has been granted to.
Chapter Nine
RECORD
Article 122
A record shall be made of every procedural act performed in the hearing.
A record shall also be made of the statements and notices of importance which the parties
or other persons involved in the proceedings make out of court. The statements and notices
of lesser importance shall not be entered in the record, but shall be subject to official note
made to be entered in the file of the case.
Records shall be drawn up by recording clerks.
Article 123
The record shall indicate: the name and composition of the court, the place, date and hour
of performance of the procedural act, the matter of dispute, names of the parties and other
persons present and of their statutory representatives and/or attorneys.
The record shall contain the essential data on the procedural act performed. The hearing
record shall contain, but not be limited to, the following: the data on whether the hearing was
public or not; statements made by the parties; motions brought and evidence adduced by the
parties; the evidence produced in the hearing; testimonies made by witnesses and experts;
and the decisions rendered in the hearing.
The records shall be drawn in good order and shall contain no erasements, additions or
alterations. Crossed places shall remain legible.
Article 124
The record shall be made in such a manner that the presiding judge or, by his permission,
the party or their attorney dictates to the recording clerk what to enter in the record.
The parties shall have the right to read the record through or to require the record to be
read to them, and to object against the contents of the record.
The same right shall be granted to persons whose testimonies or statements are entered
in the record, but only in respect of the part of the record containing their deposition.
All corrections and additions which are to be made by virtue of office or upon an objection
by the parties or other persons involved in the proceedings shall be made at the end of the
record. Upon the request of any of the stated persons, the objection which was overruled
shall also be entered in the record.
Article 125
The presiding judge may order the record to be drawn up by means of technical devices or
written in shorthand.
The provisions of the second, third and fourth paragraphs of the preceding Article shall
apply, as appropriate, also to objections in respect of contents of a record drawn up in the
manner described above.
If a record is not drawn up in writing, the copy of the record shall be made in three days. In
the subsequent three days, the parties shall have the right to inspect the copy of the record
and to object against the correctness thereof.
26
The objections under the preceding paragraph shall be decided upon by a decree passed
by the presiding judge without hearing of the case.
The sound record of the hearing may be destroyed after the expiration of the time period
for the objection or, if a party has objected against the correctness of the record, after the
decision in respect of the main subject of dispute becomes final.
Article 126
The presiding judge, the recording clerk, the parties and their statutory representatives
and/or attorneys, and the interpreter shall affix their signatures on the record.
Witnesses and experts shall sign their testimonies in the record when only heard by a
requested judge or by the presiding judge.
In lieu of his signature an illiterate person shall leave on the record the print of his index
finger, while the recording clerk shall note their name and surname below the impression.
If a party, their statutory representative and/or attorney, a witness or an expert leaves the
court without having signed the hearing record, such conduct and the reasons therefore shall
be noted in the record.
Article 127
A special record shall be made on deliberation and voting. If the high court has passed a
decision on a means of ordinary judicial review by an unanimous vote, a note on deliberation
and voting shall be made on the script of the challenged decision instead of drawing up of a
record.
The record on deliberation and voting shall set forth the course of voting and the decision
adopted.
Dissenting opinions shall be enclosed to the record on deliberation and voting, unless they
are entered therein.
The record on deliberation and voting shall be affixed with signatures of members of the
panel and of the recording clerk.
The record on deliberation and voting shall be placed in a special folder. This record may
only be examined by the higher court when decisions are adopted on a means of ordinary
judicial review; in such event, the higher court shall put the record back into the special folder
and make a notice that the record has been inspected.
Chapter Ten
RENDERING DECISIONS
Article 128
Decisions rendered by the court shall take form either of a judgment or of a decree.
The claim shall be decided upon by a judgment, while the action for disturbance of
possession shall be determined by a decree.
Unless the court renders a judgment, its decision shall be made in the form of a decree.
In the proceedings for issue of a payment order, the decree satisfying the claim shall be
passed in the form of a payment order.
The decision concerning the costs of proceedings contained in the judgment shall deem to
be a decree.
Article 129
The panel shall pass decisions after an oral conference and voting.
27
The oral conference and voting shall be attended only by members of the panel and the
recording clerk.
The issues of lesser importance may be decided upon at the session of the panel.
Article 130
The presiding judge shall direct the deliberation and voting and shall cast his vote last. He
shall see to it that all issues be examined thoroughly and comprehensively.
The panel shall pass decisions by the vote of a majority of judges sitting therein.
Members of the panel may not abstain from casting a vote on any question put to vote by
the presiding judge. A member of the panel who remained in minority in the voting on some
previous question may not abstain from voting on a question that is put to vote at a later
stage.
If with respect to particular issues the votes divide among diverging opinions in such a
manner that none of them can attain majority, the issues put to vote shall be divided and
separate voting shall be repeated until the majority is attained. If with respect to the claimed
amount of money or quantity the votes divide among more than two opinions, the reasons
underlying these opinions shall be reassessed; if even in this manner the majority cannot be
not attained, the votes in favour of the highest amount or the largest quantity shall be added
to the votes in favour of the second highest amount or the second largest quantity, until the
majority is attained.
Article 131
Prior to the determination of the main subject of dispute, the court shall decide on whether
the proceedings are to be supplemented and on other preliminary issues, as the case may
be.
If the determination of the main subject of dispute involves the decision on several claims,
each of such claims shall be subject to a separate voting.
Chapter Eleven
SERVICE OF PROCESS AND INSPECTION OF FILES
Manner of Service
Article 132
Process shall be served by postal channels, by court officials, in the court, or in other
manner provided by the statute.
The court may order, upon a motion by the opposing party, that the process be served by
agency of a legal or natural person which is engaged in serving of process as a part of their
registered activity, on the basis of a special permit issued by the Minister of Justice.
The party moving for the service pursuant to the preceding paragraph shall advance the
costs envisaged to be incurred thereby.
The Minister of Justice shall prescribe the conditions to be fulfilled by the persons
engaged in the serving of process referred to in the second paragraph of the present Article,
and the rules pursuant to which they must act, and shall issue permits to engage in the
serving of process.
Article 133
Service of process upon government bodies, legal persons and sole proprietors shall be
effected by delivery of the process to the person authorised to accept it, or to an employee
working in the office, business premises or headquarters of the person to be served.
28
The process shall be served in accordance to the first paragraph of the present Article
also when the persons stated therein have authorized their employee to accept the process.
Article 134
The service of summons upon military personnel and members of the police may be
effected through intermediary of the command or immediately superior officer; service of
other process upon these persons may, if necessary, be made in the same manner.
Article 135
If process is to be served on a person or institution based in a foreign state or on foreign
citizen enjoying immunity, the service shall be effected through diplomatic channels, unless
otherwise provided by an international agreement or the present Act (Article 146).
If process is to be served on a citizen of the Republic of Slovenia residing in a foreign
state, the service shall be effected through intermediary of a consular or diplomatic
representative of the Republic of Slovenia dealing with consular matters in the concerned
foreign state. Such service shall be valid only if the person to be served is willing to accept
the process thus served.
Article 136
Service upon prisoners shall be effected through intermediary of the board of penal or
other institution in which they serve the sentence or measure of imprisonment.
Article 137
If a party has a statutory representative or an attorney, the process shall be served upon
him, unless otherwise provided for by the present Act.
If a party has more than one statutory representatives or attorneys, the service shall be
valid when the process is delivered to any one of them.
Article 138
The service upon a practicing lawyer acting as an attorney may be effected also by
delivery of the document to a person employed in his law firm.
Time and Place of Service
Article 139
Service of process shall be made between 6.00 a.m. to 8.00 p.m.
The service shall be made in place of residence or work of the person designated as the
recipient, or in court, if the latter happens to be there.
Service of process upon persons entered in the court register, to associations, and to legal
other persons subject to entry in a register shall be made in the address stated in the
relevant register.
If process cannot be served pursuant to the first and second paragraphs of the present
Article, the court shall order the service to be made at other time and in a different place.
The decision issued by virtue of the preceding paragraph need not contain the statement
of grounds. No appeal shall be allowed against such a decision.
Manner of Service
Article 140
29
If the recipient is not found in his place of residence, the service shall be effected by
delivery of the process to an adult member of his household who shall be obliged to accept
it. If adult members of the recipient’s household cannot be reached either, the process may
be left with the housekeeper or a neighbour if they are willing to accept it.
If the service is attempted to be made in the place of work of the recipient, but the latter is
not found there, the documents may be left with any person employed in the same place, if
they are willing to accept it.
The process may not be delivered to stated persons if any of them happens to be involved
in a litigation against the person to be served.
Article 141
If process cannot be served in the manner prescribed in the preceding Article, the service
on a natural person shall be effected by delivery of the process to the court ordering the
service or, in case of service by mail, to the post office in the place of the recipient’s
permanent residence, and by leaving on the door or in the exposed mailbox of the recipient’s
permanent residence a notice indicating the place where the documents are left and a 15
days’ term in which they are to be collected. The process server shall state in the notice and
in the process itself the reasons for such conduct and the day on which the notice was left to
recipient, and shall put his signature thereto.
If the recipient fails to collect the documents within 15 days, the service shall deem to be
made on the day when the notice was left on his door or in his exposed mailbox, of which he
shall be advised in the notice.
The court ordering the service shall be notified on the service which has been effected in
the manner referred to in the present Article.
If service of process upon persons entered in the court register, associations and other
legal persons subject to entry in a register cannot be made in the address stated in the
register, it shall be effected in the manner provided in the first, second and third paragraphs
of the present Article, the notice being left at their address.
Article 142
An action, a court’s decision subject to appeal, extraordinary judicial review, and the dun
letter to pay the court fee due to the action shall be served on a party by personal service.
Other documents shall be delivered by personal service only if so is expressly provided by
the statute, or when the court considers that special caution is necessary for the documents
enclosed in original or for any other reason.
In case that the person to be served by personal delivery is not found in the place where
service has to be effected, the process server shall inform himself as to where and when the
recipient can be reached and shall leave a written notice with any adult member of the
recipient’s household or with any other person stated in the first or second paragraph of
Article 140 of the present Act, under the conditions set forth in the said Article, requesting the
recipient to be present in his place of residence on a designated day at a specified time to
accept the service.
If process from the preceding paragraph cannot be served in the manner as determined in
the preceding paragraph, the server shall leave it in the house or exposed mailbox or on the
door.
If the recipient cannot be reached even after the notice has been left for him in accordance
with the preceding paragraph, the process server shall act pursuant to the provisions of
Articles 140 and/or 141 of the present Act, whereupon the service shall be deemed to have
been made.
If the process referred to in the first paragraph of the present Article are to be served upon
the government bodies or legal persons, the service shall be made in accordance with the
provisions of Article 133 of the present Act.
30
If process is served upon a statutory representative or upon an attorney, it shall be
deemed to have been delivered to the party by personal service.
Article 143
If the recipient appears to be absent and the persons stated in the first or second
paragraph of Article 140 of the present Act are not be able to forward the process to him in
time, the process shall be returned to the court enclosed with a notice on the recipient’s
whereabouts.
Refusal to Accept Service
Article 144
If the recipient or an adult member of his household, or an authorised person or official of
a government body, or an authorised person or employee of a legal person refuses to accept
the service of process for unjustified reasons, the process server shall leave the documents
in the recipient ‘s place of residence or place of work or in his house or exposed mailbox or,
if there is no mailbox, on the door in his place of residence. Then he shall mark on the return
of service the day, hour and reasons for the refusal, and the place where the process is left;
thereby the service shall be deemed to have been made.
Change of Address
Article 145
A party or their statutory representative who change their address before the decision of
the court of second instance decision by which the proceedings are completed has been
served upon them shall be bound to notify the court accordingly.
If they fail to act in accordance with the preceding paragraph, the court shall order all
further process to be served upon them by affixing it on the court notice board.
The service shall be deemed to have been made after eight days from the day when the
process was affixed to the court notice board.
If the attorney or the person authorised to accept the service of process changes his
address before the decision of the court of second instance by which the proceedings are
completed has been served upon him, and fails to notify the court accordingly, he shall be
deemed not to have been appointed at all; if a temporary representative authorised to accept
the service of process acts in such a manner, the court shall appoint a new temporary
representative on whom the process will be served.
Person Authorised to Accept the Service
Article 146
Upon filing of the action, the plaintiff or his statutory representative who is abroad and who
does not have an attorney in the Republic of Slovenia, shall appoint a person authorised to
accept the service in the Republic of Slovenia on his behalf. If the plaintiff or his statutory
representative fails to appoint such person upon filing of the action, the court shall appoint to
the plaintiff, and to his expense, a temporary representative authorised to accept the service
of process, and shall through an intermediary of such temporary representative order him to
appoint a person authorised to accept the service in a specified period of time. If the plaintiff
or his statutory representative fails to appoint the authorised person in a given time period,
the court shall reject the action. The decree by which the action is rejected shall be served
upon the plaintiff or on his statutory representative through the temporary representative
authorised to accept the service of process appointed by the court.
31
Upon the first service of process, the court shall order the defendant or his statutory
representative who is abroad and who does not have an attorney in the Republic of
Slovenia, to appoint a person authorised to accept the service in the Republic of Slovenia. If
the defendant or his statutory representative fails to appoint a person authorised to accept
the service, the court shall appoint to defendant, and to his expense, a temporary
representative authorised to accept the service, and shall through intermediary of such
temporary representative advise the defendant or his statutory representative of the
appointment.
If a party revokes the authorisation of the person authorised to accept the service of
process without appointing a new person for this purpose, the process shall be served upon
them by being affixed to the court notice board.
If the person authorised to accept the service cancels the authorisation, and if the party
does not appoint a new person to this purpose, the court shall appoint to the party, at their
expense, a temporary representative authorised to accept the service, and shall through
intermediary of such temporary representative order the party to appoint a person authorised
to accept the service. Until the party has appointed a person authorised to accept the
service, the process shall be served upon them through a temporary representative
appointed by the court.
The costs to be incurred by the temporary representative authorised to accept the service
appointed to the plaintiff shall be advanced by the court from its funds, while the costs to be
incurred by the temporary representative authorised to accept the service appointed to the
defendant shall be advanced by the plaintiff. If the plaintiff fails to advance the costs
envisaged to be incurred by the temporary representative appointed to the defendant, the
court shall reject the action.
The provisions governing the appointment of the person authorised to accept the service
of process shall apply, as appropriate, also to third-party notices and to nomination of
predecessor.
Article 147
If several persons jointly sue as a single plaintiff but do not have a common statutory
representative or attorney, the court may order them to appoint a joint person authorised to
accept the service of process within a specified period of time. Simultaneously the court
informs the plaintiffs as to whom among them it shall deem to be the joint person authorised
to accept the service of process should they fail to appoint him by themselves.
The provision of the first paragraph of the present Article shall also apply in the event that
several persons are jointly sued as indispensible co-defendants.
Inquiries about the Address
Article 148
A database administrator shall be bound to disclose to a party proving their standing the
address of the person on whom process is to be served. The standing to obtain such data
shall be proved by submission of the certificate of receipt of the action or the certificate of lis
pendens issued by the court.
Return of Service
Article 149
The return of service (proof of service) shall be signed by both the recipient and the
server. The former shall also make a notation thereon indicating the day of receipt.
32
If the recipient is illiterate or unable to make a signature, the server shall sign his name
and surname, and shall make a notation indicating the day of receipt and state the reasons
why the recipient did not sign the return of service by himself.
If the recipient refuses to sign the return of service, the server shall make a note thereof
and make a notation indicating the day of service; thereby the service shall be deemed to
have been made.
If the service is made pursuant to the second paragraph of Article 142 of the present Act,
the return of service shall contain a statement confirming the receipt of delivery and a note
indicating that the recipient has received a prior written notice on the service to be made.
If in pursuance of the provisions of the present Act the process has been served on the
person other than the one on whom it was to be served, the process server shall state on the
return form the relation between the person who has accepted the service and the person to
be served.
If a wrong date is stated on the return form, the service shall deem to have been made on
the day of delivery of the process.
If the proof of service is lost, the service may be proved by other evidence.
Inspection and Copying of Files
Article 150
The parties shall have the right to inspect and copy the files on litigation of which they
partake.
Other persons who prove their standing may be permitted to inspect and copy individual
files. When the proceedings are in progress, such permission shall be issued by the
presiding judge, while after the completion thereof, the permission shall be issued by the
president or the chief judge of the court, or by other court official appointed by the president
or the chief judge of the court.
Chapter Twelve
COSTS OF PROCEEDINGS
The costs of proceedings
Article 151
The costs of proceedings shall include the expenses incurred during or due to the
litigation.
The costs of proceedings shall also consist of the lawyer’s fees and fees collected by
other persons under the statute.
Article 152
Each party shall advance the payment for costs incurred by procedural acts performed or
caused to be performed by them.
Article 153
The party moving for the production of a piece of evidence shall pay in advance, upon a
court order, the amount necessary to cover the costs which are envisaged to be incurred in
the production of such evidence.
If both parties move for the production of the same piece of evidence, the court shall order
them to advance the necessary payment in equal amounts.
33
If the amount necessary for the production of a certain piece of evidence is not paid in the
specified time period, such evidence shall not be produced. In such event, the court shall
assess, on the basis of an opinion taken with respect to all circumstances, the relevance of
the fact that the party has failed to advance payment for the costs in due time.
When the court, acting by virtue of office, issues an order on production of evidence to
ascertain facts on which the application of the third paragraph of Article 3 of the present Act
is dependable, and the parties fail to make the prescribed advance payment, the costs
envisaged for the production of such evidence shall be advanced by the court from its funds,
notwithstanding the provision of the third paragraph of this Article.
Article 154
The party losing the litigation shall refund the costs incurred by the winning party and their
intervener.
If one party wins the litigation only in part, the court may decide, with respect to the
outcome of litigation, that each party cover their own costs of proceedings, or may,
considering the circumstances of the case, order one party to refund the other party and their
intervener an appropriate amount of costs.
The court may decide that one party refund the total costs incurred by the opposing party
and their intervener if the latter failed to succeed only in respect of a relatively small part of
their claim and when no extra expenses was due to that particular part of claim.
With respect to the success of production of evidence, the court shall decide on whether
the costs arising in pursuance of the provision of the fourth paragraph of Article 153 of the
present Act be paid by one of the parties, or by both of them, or by the court from its funds.
Article 155
In deciding which costs are to be refunded to a party, the court shall take into account only
the expenses which were indispensable for the litigation. Such costs shall be determined
following a careful examination of circumstances of relevance.
If a tariff provides for accounting of the lawyer’s fees or other expenses, such fees and
expenses shall be refunded according to the tariff.
Article 156
Irrespective of the outcome of litigation, the party shall refund the opposing party the costs
arising due to default of, or the accident occurring to, the former.
The court may decree that a statutory representative or attorney of the party shall refund
the opposing party the expenses which have been incurred by his default.
The party who failed to attend the settlement hearing shall refund the opposing party the
costs which the latter has incurred due in the process.
Article 157
If the defendant did not provide any cause for the bringing of the action and he has
acknowledged the claim in the defense plea or at the main hearing, before becoming
engaged in trying of the main subject of dispute, the plaintiff shall refund him the costs of
proceedings.
Article 158
The plaintiff who withdraws the action shall refund the defendant the costs of proceedings,
except if the action is withdrawn after the defendant has satisfied the claim.
The party withdrawing a means of ordinary judicial review shall refund the opposing the
costs which the latter has incurred due in the process.
34
Article 159
If the litigation is brought to end by conclusion of a court settlement, each party shall bear
their own costs of proceedings, unless otherwise agreed upon by the settlement.
The costs of settlement which was attempted (Article 309) but has failed to be concluded,
shall be deemed to be the costs of proceedings.
Article 160
If a claim to exclude things from the property subject to execution has been granted to in
the proceedings initiated to this purpose, and if the court subsequently finds that the
defendant, having acted as a creditor in execution, had reasonable ground to believe that no
rights of third persons existed in the things claimed to be excluded, it shall decree that each
party bear their own costs of proceedings.
Article 161
Co-litigants shall bear the costs in equal amounts.
If a substantial disproportion exists among their respective shares in the subject of
dispute, the court shall determine, with respect to such disproportion, the amount of costs to
be refunded by each of the co-litigants.
Co-litigants who are jointly and severally liable in respect of the cause of action shall be
liable jointly and severally to pay the costs adjudicated in favour of the opposing party.
The other co-litigants shall not be liable for the costs occasioned by the special procedural
acts which one of them has performed separately.
Article 162
When a government body is involved in the litigation as a party, it shall have the right to
have the costs refunded pursuant to provisions of the present Act, but shall not be entitled to
payment of any special fee.
Article 163
The decree on refund shall passed upon a specified request by a party in ex parte
proceedings.
In the request for refund, the party shall determine the costs the refunding of which is
claimed.
The party may request the refunding of costs until the completion of the main hearing
conducted and before the decree on refund has been passed; if the decision is to be
rendered in ex parte proceedings, the party shall request the refund in a special motion filed
to this purpose.
The motion for refunding of costs shall be determined in the judgment or decree by which
the proceedings are completed.
Upon an oral announcement of a judgment or a decree by which the refunding of the costs
is ordered, the court may decide that exact amount of costs to be refunded will be defined in
the written copy of the judgment or the decree, if the latter are to served upon the parties.
During the proceedings, the court shall not decide on refunding of costs, unless the right to
refund is independent from the decision on the main subject of dispute.
If a decree on discontinuation of the proceedings is passed due to the withdrawal of
action, withdrawal of means of ordinary judicial review, or for any other reason causing the
discontinuation of the proceedings out of the hearing, the refunding of costs may be
requested within fifteen days from the receipt of the decree on discontinuation.
The decree on refund referred to in the preceding paragraph may be issued by a law clerk.
35
Article 164
Upon rendition of a partial or an interim judgment, the court may declare that the decision
as to costs will be passed in the ultimate judgment.
Article 165
Upon rejection or dismissal of means of ordinary judicial review, the court shall decide on
the costs incurred during the proceedings therewith.
Upon modification of the decision against which a means of ordinary judicial review has
been lodged, or upon setting aside of such decision and rejection of the action, the court
shall decide on the costs of the whole proceedings.
Upon setting aside of the decision against which a means of ordinary judicial review has
been lodged and remanding of the case to the court below for a new hearing and
determination, the court shall rule that the costs of appellate proceedings be decided upon in
the ultimate judgment.
The court may act pursuant to the third paragraph of the present Article also upon a partial
setting aside of the decision against which a means of ordinary judicial review has been
lodged.
Article 166
The decision on the costs of proceedings contained in the judgment may be attacked only
by means of the appeal against a decree, unless the decision upon the main subject of
dispute is being challenged at the same time.
If one party challenges the judgments only in respect of the costs, and the other one
challenges it in respect of the main subject of dispute, the higher court shall determine both
means of ordinary judicial review in a single decision.
Costs of Proceedings for Securing of Evidence
Article 167
The costs of the proceedings for securing of evidence shall be covered by the party who
has moved for the securing of evidence. This party shall be bound to refund the costs
incurred by the other party and the temporary representative appointed to them.
Costs paid under the preceding paragraph may later be claimed with respect to success in
the litigation.
Exemption from Payment of the Costs of Proceedings
Article 168
The court shall exempt from payment of the costs of proceedings a party who is not able,
with respect to their pecuniary circumstances, to cover these costs without detriment to
maintenance of themselves and their family.
The exemption from payment of the costs of proceedings shall include the exemption from
payment of court fees and advancements for costs of witnesses, expert examinations,
inspections and court announcements.
A party may only be exempt from payment of the court fees if otherwise the funds
available for maintenance of the party and their family would be reduced to a considerable
extent.
Notwithstanding the provision of the preceding paragraph of the present Article, the court
may postpone ordering the party to pay the fee until the decision is passed, or allow the
payment by installments.
36
The court may exempt an individual entrepreneur in disputes related to his activities and
legal persons from the payment of court fees only with reference to pleadings as referred to
in the first paragraph of Article 105a hereof, if the party cannot provide payment of the court
fee without endangering his activities. Within this framework it may also postpone ordering
the party to pay the fee until the decision is passed, or allow the payment by installments.
In deciding on the exemption from payment of the costs of proceedings the court shall
make a careful assessment of all relevant circumstances and shall in particular take into
account the amount in dispute, the number of persons maintained by the party, and the
pecuniary condition of the party and members of their family. In deciding on the exemption
from payment of the fees from the preceding paragraph, the court shall take into account the
property, financial and solvency condition of the party.
Article 169
The exemption from payment of the costs of proceedings shall be decreed by the court of
first instance upon a motion by the party concerned.
The motion shall be enclosed with certificates on pecuniary condition of the party and
members of their family issued by the competent government authority, personal income
certificates for the party and members of their household, the last income tax return, and
such other evidence as may be used to prove pecuniary circumstances of the party and
members of their family. The party as referred to in the fifth paragraph of Article 168 hereof
shall enclose to the motion the last annual report or other evidence proving their pecuniary,
financial and solvency condition.
The detailed provisions on issuance of certificates on the pecuniary condition shall be laid
down by the competent government authority.
The court may procure the necessary data and certificates on pecuniary or financial and
solvency condition of the party asking for exemption from payment by virtue of office, and
may also hear the opposing party in this respect.
No appeal shall be allowed against the decree granting to the motion for exemption from
payment of the costs of proceedings.
Article 170
If a party has been fully exempt from payment of the costs of proceedings (second
paragraph of Article 168), it may move with the court of first instance to decide that they be
represented by an attorney, when such representation is necessary for protection of their
rights.
A party to whom an attorney has been appointed shall be exempt from refunding the
effective costs and paying the fees to the attorney.
Only a practicing lawyer may be appointed attorney.
For justified reasons, the appointed attorney may request the court to relieve him of his
duty. When such request is made in ex parte proceedings, it shall be decided upon by the
presiding judge, while in hearing it shall be decided upon by the panel. No appeal shall be
allowed against the decree granting to the motion by the party for appointment of an
attorney.
Article 171
If a party has been fully exempt from payment of the costs of proceedings (second
paragraph of Article 168), the advances for costs of witnesses, expert examinations,
interpeters, inspections and court announcements.shall be paid from the funds of the court
Article 172
37
During the proceedings, the court of first instance may set aside the decree on exemption
from payment of the costs of proceedings and the decree on appointment of attorney if it
finds that the party concerned is capable to cover the costs of proceedings. In doing so, the
court shall decide that the party refund, in whole or in part, the costs and fees from payment
whereof they had previously been exempted, and the effective costs and fees of the
attorney.
Amounts paid by the court form its funds shall be refunded prior to all else.
Article 173
The fees and costs paid from funds of the court and the effective costs and fees payable
to the appointed attorney shall be included in the costs of proceedings.
The amount of costs which the opponent must refund to the party exempt from payment of
the costs of proceedings shall be determined by the court in accordance of the provisions
governing the refunding of costs.
Those fees and costs which have been paid from funds of the court shall be collected, by
virtue of office, by the court of first instance from the party who is obliged to pay them.
If the opponent is bound by the judgment to refund the costs of proceedings to the party
exempt from payment thereof, and if they cannot cover the payment of such refund, the court
may pass a subsequent decision to the effect that the party exempt from payment of the
costs of proceedings cover the whole or partial amount of costs referred to in the first
paragraph of the present Article from the amount adjudicated in their favour. However, this
shall be without prejudice to the right of the party to claim the opponent to refund them
payments thus effected.
Article 173a
The refund of the costs of proceedings shall be determined in more detail by the minister
responsible for justice.
Chapter Thirteen
LEGAL AID
Article 174
In civil proceedings, the courts shall provide legal aid to each other.
If a requested court lacks power to perform the act of procedure for the performance of
which it has been requested, it shall refer the request to a competent court or other
government body, and shall advise thereof the court sending the request; if the requested
court cannot determine which court or which government body is to perform the requested
act, it shall return the request.
Article 175
The courts of the Republic of Slovenia shall provide legal aid to foreign courts when so is
provided by international agreements and in all cases where reciprocity in provisions of legal
aid is recognized. If doubt is raised in respect of reciprocity, the Ministry of Justice shall pass
a binding opinion thereon.
The court shall deny legal aid to a foreign court if performance of the requested procedural
act is contrary to laws of the Republic of Slovenia. In such event, the court competent to
provide legal aid shall forward the request to the Supreme Court to pass a final decision
thereon.
Provisions of the second paragraph of Article 174 of the present Act shall also apply to the
proceedings with a request by foreign court.
38
Article 176
The courts of the Republic of Slovenia shall provide legal aid to foreign courts in a manner
provided by domestic law. The procedural act the performance of which is requested by a
foreign court may also be performed in the procedure thus requested, provided that such
procedure is not contrary to laws of the Republic of Slovenia.
Article 177
Unless otherwise provided by an international agreement, the court shall proceed with a
foreign court’s request for legal aid only when the request is communicated through
diplomatic channels and if the request and enclosures thereto are composed in the
Slovenian language, or are enclosed with a certified translation in the Slovenian language.
Article 178
Unless otherwise provided by an international agreement, the domestic courts’ requests
for legal aid shall be communicated to foreign courts through diplomatic channels. The
request and enclosures thereto shall be composed in the language used by the requested
state, or enclosed with a certified translation in that language.
Part Two
COURSE OF PROCEDURE
A) Procedure Before the Court of First Instance
Chapter Fourteen
ACTION
Article 179
The civil proceedings shall be initiated upon the action of the plaintiff.
Content of the Action
Article 180
The action shall contain a specified relief or remedy claimed in respect of the cause of
action, the lateral claims, the statement of facts constituting the cause of action, the
statement of evidence proving these facts, and other particulars required in every pleading
(Article 105).
If the action is brought to obtain relief of the claim other than for payment of a sum of
money, and if jurisdiction or the right to revision are dependable on the amount in dispute,
the action shall also contain the statement of amount in dispute.
The judge shall proceed with the action even if the plaintiff has not stated the legal ground
of his claim; If the legal ground of the claim is stated, the judge shall not be bound thereby.
If upon filing of the action the plaintiff applies for the exemption from payment of court
fees, the judge shall be bound forthwith and not later than within fifteen days to decide upon
his application.
Declaratory Action
Article 181
39
The plaintiff may bring an action solely to obtain a judicial resolution of the question of
whether a certain right or legal relation exists, or whether a certain document is authentic, or
not.
Such action may be brought pursuant to special regulations; or if the plaintiff has a
justifiable interest to obtain a judicial resolution of the question of whether a certain right or a
legal relation exists, or whether a certain document is authentic, even before the claim
arising out of such a relation falls due, or if his standing to sue is based upon other grounds.
When the determination of a dispute is dependent upon prior resolution of the question of
whether a certain right or legal relation exists or not, the plaintiff may claim, in addition to the
relief in respect of the cause of action, also the resolution of such question, provided that the
court conducting the proceedings has power to determine the latter claim and that both
claims may be determined in the same type of procedure.
Joinder of Claims
Article 182
The plaintiff may in action join several claims against the same defendant if all of those
claims are based upon the same factual and legal ground.
If the claims are based upon different factual or legal ground, they may be joined in one
action against the same defendant only if the same court has power to decide upon each of
them and if they may be decided upon in the same type of procedure. If any of the claims is
subject to the rules on exclusive territorial jurisdiction, the claims may be joined in the same
action only if such action is filed with the court that is competent under the rules on exclusive
territorial jurisdiction.
The plaintiff may join two or more mutually related claims in one action also by petitioning
the court to grant to the secondary claim if it finds the primary one to be unfounded.
The joinder of claims under the third paragraph of the present Article shall be permissible
only if the same court has power to decide upon each of them and if all claims may be
decided upon in the same type of procedure.
If some of the claims are to be decided upon by a panel of judges and the other ones by a
single judge, all the claims shall be decided upon by the panel.
Counterclaim
Article 183
Until the completion of the main hearing in the court, the defendant may file with the same
court a counterclaim:
1. if the counterclaim is in connection with the claim contained in the action; or
2. if the claim contained in the action and the counterclaim may be set off; or
3. if by filing of the counterclaim the defendant seeks to obtain a judicial resolution of the
question of whether a right or a legal relation exist or not, upon which the determination of
the plaintiff’s claim is wholly or partly dependent;
The counterclaim may not be filed if the decision thereupon is to be rendered by a different
court or in a different type of procedure.
If the decision upon the counterclaim is to be rendered by same court sitting in different
composition, the counterclaim shall nevertheless be admissible.
Amendment of Action
Article 184
The plaintiff may amend the action until the main hearing is completed.
40
The amendment of action shall be deemed to include the change of identity of the cause
of action, the increase of amount of the existing claim, and claiming of relief in respect of
another cause of action in addition to the existing one.
The action shall not be deemed to be amended if the plaintiff merely modifies the legal
ground of the claim, or reduces the amount of claim, or alters, amends or corrects some of
his previous statements, but does not in fact change the identity of the cause of action.
Article 185
After the action has been served on the defendant, the amendment shall be subject to his
consent; however, the court may notwithstanding the defendant’s refusal to consent permit
the action to be amended when it considers the amendment reasonable and convenient in
terms of definite resolution of the dispute.
The defendant shall deem to have consented to the amendment of action if he becomes
engaged in trying of the main subject of dispute as amended, without having objected to the
amendment beforehand.
If a civil court lacks jurisdiction over the action as amended, it shall refer the whole case to
the competent court if and after the defendant has consented to the amendment, or if the
amendment has been permitted notwithstanding his objection.
The court shall act pursuant to the provision of the third paragraph of the present Article
also when the amended action should be heard by the same court sitting in a different
composition (Article 20).
Upon permission of the amendment, the court shall allow the defendant a reasonable
period of time to prepare for the hearing of the action as amended if not enough time has
been available to him by then. The court shall act in the same manner if the defendant who
has not objected to the amendment requests time to prepare for the hearing.
If the plaintiff amends the action in the hearing conducted in the absence of the defendant,
the court shall adjourn the hearing until a later date and shall furnish the defendant with a
copy of the hearing record.
No appeal shall be allowable against the decree permitting the amendment of action.
Article 186
The amendment of action shall not be subject to consent by the defendant when on the
basis of circumstances which have occurred after the action has been brought the plaintiff
claims the delivery of a different thing, or payment of a different sum of money, in respect of
the same main subject of dispute, or if he raises an interim declaratory claim in accordance
with the third paragraph of Article 181 of the present Act.
Article 187
Until the completion of the main hearing, the plaintiff may amend the action also by way of
suing another person instead of the defendant.
The amendment of action under the first paragraph of the present Article shall be subject
to consent by the person who is to enter the litigation in place of the defendant. If the
defendant has already become engaged in trying of the main subject of dispute, the
amendment of action shall be subject to his consent as well.
In the event referred to in the present Article, the person entering the litigation in place of
the defendant shall take the proceedings in the state as existing upon his coming in the
litigation.
Withdrawal of Action
Article 188
41
At any time during the proceedings, the plaintiff may withdraw the action without the
consent of the defendant, except if by the time of withdrawal the defendant has already
become engaged in trying of the main subject of dispute.
Subject to consent by the defendant, the action may also be withdrawn at any later stage
until the completion of the main hearing. If the defendant fails to make a statement as to the
withdrawal within 15 days after having been advised thereof, he shall be deemed to have
consented to the withdrawal of action.
If the action is withdrawn, the court shall decree the stay of proceedings. The defendant
shall be served with such decree only if the action has been served on him beforehand.
If the action is withdrawn, it shall deem not to have been brought at all and may be
brought again.
Lis Pendens
Article 189
The action shall commence to be pending upon service thereof on the defendant.
In respect of additional claim raised during the litigation, the action shall be pending since
the moment when the opposing party is advised thereof.
Pending the action, no litigation may commence between the same parties in respect of
the same cause of action; the court shall reject any action brought to initiate such litigation.
At all times during the proceedings the court shall examine, by virtue of office, whether
some other action is pending between the parties in respect of the same subject of dispute..
Article 190
The alienation by either party of any property or right subject to litigation shall not prevent
the proceedings from being completed between the same parties.
The person who has acquired the property or right in litigation may enter the proceedings
in place of the party alienating such property or right if both plaintiff and defendant consent
thereto.
Chapter Fifteen
JOINDER OF PARTIES
Article 191
Several person may sue or be sued by the same action (co-litigants):
1. if in respect of the cause of action they form a legal community; or if their rights or
obligations are based upon the same factual and legal ground; or if they are joint and several
debtors or creditors;
2. if the disputed claims or obligations are of the same type and based upon similar factual
and legal ground and if the same court has the subject-matter and territorial jurisdiction over
each of the claims and each of the defendants;
3. if so is stipulated by another Act.
Until the completion of the main hearing and subject to conditions provided in the first
paragraph of the present Article, the plaintiff may be joined by another plaintiff, or the action
may be extended to comprise another defendant, subject to consent of the latter.
The person joining the action and the person on whom the action is extended shall take
over the litigation in the state as existing upon their joinder.
Article 192
42
The plaintiff may bring an action against several defendants also by petitioning the court to
grant to the claim against the secondary defendant if the claim against the primary one is
finally dismissed.
The joinder of defendants under the first paragraph of the present Article shall be
permissible only if the same claim is filed against all the defendants, or if different, but
mutually related claims are filed against some them with a court of competent subject-matter
and territorial jurisdiction over each of the claims.
Article 193
Whoever seeks to obtain, in whole or part, a property or a right which is being litigated
between other persons may bring an action against both of them with the court proceeding
with the case, but not after the litigation has been finally completed.
Article 194
The main debtor and the surety may be jointly sued if such joinder is not incongruous with
the contract on suretyship.
Article 195
Each of the co-litigants shall act as an independent party to the litigation; the acts of
procedure which he performs or fails to perform shall not be to the benefit nor to the
detriment of other co-litigants.
Article 196
If pursuant to the statute or due to the nature of legal transaction a certain dispute can be
only resolved in the same manners for all co-litigants (indispensible parties), the latter shall
be deemed to constitute a single party to the litigation. In such case, the legal effect of any
act of procedure made by one of the co-litigants shall be extended to comprise also those of
them who have failed to perform it in time.
Article 197
If time limits to perform a certain act of procedure expire at different times in respect of
different indispensible parties, each of the parties may execute such act until the expiration
of the time limit applicable to anyone of them.
Article 198
Each of the co-litigants shall have the right to bring motions affecting the course of the
proceedings.
Chapter Sixteen
THIRD PARTIES IN THE PROCEEDINGS
Intervention
Article 199
A person who claims an interest in respect of the subject which is being litigated between
other persons may join the litigation on the side of the party whose victory would satisfy such
interest of his.
43
An intervener may enter the litigation at all times during the proceedings until the decision
in respect of the cause of action becomes final, and at all times during the continuation of
proceedings due to extraordinary judicial review.
An intervener shall produce a statement on intervention at the hearing or by way of a
written pleading.
Such pleading shall be served upon both parties to litigation; if the intervener has made
the statement on intervention at the hearing, the copy of the concerned part of the record
shall be served upon the party who did not attend the hearing.
Article 200
Either party may object to the right of intervener to become involved in the proceedings,
and move for the dismissal of intervention; however, the court may dismiss the intervention
even if the latter is not objected by the parties if it determines that the interevener has failed
to show his standing to join the litigation.
Until the decree on dismissal of intervention becomes final, the intervener may partake of
the proceedings, and the acts of procedure performed by him may not be ignored.
No special appeal shall be allowed against the decision by which the court has permitted
an intervention.
Article 201
An intervener shall take over the litigation in the state as existing upon his coming therein.
In the further course of proceedings he shall be allowed to perform all procedural acts in the
time periods applicable to the party to whom he has joined.
If the intervener has joined the litigation before the decision in respect of the cause of
action becomes final, he shall also be allowed to lodge an appeal for extraordinary judicial
review.
If a means of ordinary judicial review is lodged by an intervener, a copy of such remedy
shall be served also upon the party to whom he has joined.
The legal effect of procedural acts performed by the intervener shall be extended to the
party to whom he has joined, unless they are in contradiction with procedural acts performed
by the latter.
Subject to consent by both parties to litigation, the intervener may enter in the proceedings
as a party in place of the party to whom he has joined.
Article 202
Any person who is directly affected by a court decision may join the litigation as an
intervener. Such person shall be deemed to be an indispensible co-litigant (Article 196).
The intervener who has been recognized as an indispensible co-litigant may appeal with
the Supreme Court for an extraordinary judicial review also in a litigation of which he had not
partaken before the decision in respect of the cause of action has become finally binding..
Nomination of Predecessor
Article 203
If, being sued as a possessor of a certain thing or as a holder of a certain right, a person
asserts that he is possessing such thing, or exercising such right, on behalf of some other
person, he may, until becoming engaged in trying of the main subject at the main hearing,
invite that other person (his predecessor) by intermediary of the court to enter the litigation in
his place.
If the plaintiff raises additional claims against defendant which are independent from the
defendant’s possession of a thing or exercise of a right on behalf of a predecessor, the
44
taking by the predecessor of defendant’s place in litigation shall be subject to plaintiff’s
consent.
If the a duly summoned predecessor fails to appear at the hearing, the defendant shall no
longer be allowed to refuse to litigate.
Notice of Lis Pendens
Article 204
If the plaintiff or the defendant must notify some other person that the action is pending in
order to secure for himself any right or effect recognized by civil law, he may effect such
notice by submitting to the civil court a pleading indicating the ground for notification and the
present state of litigation are indicated, but not after the action has been finally determined.
The party who has effected the notice of lis pendens may not, on basis thereof, move for
the suspension of the litigation, prolongation of time periods, or adjournment of the hearing.
Chapter Seventeen
SUSPENSION AND STAY OF PROCEEDINGS
Article 205
The proceedings shall be suspended:
1. upon the death or incapacitation of a party who does not have an attorney;
2. upon the death or cessation of power of a statutory representative of the party who
does not have an attorney;
3. if a party which is a legal person ceases to exist or is prohibited to operate business
under a final decision by a competent government authority;
4. upon coming into effect of legal consequences of bankruptcy proceedings;
5. if the court is prevented from operation due to the state of war or other reasons;
6. if so is stipulated by another Act.
The decree on suspension of the proceedings shall be passed by the court of first
instance.
Article 206
The court shall order the suspension of the proceedings:
1. if it decides not to resolve the preliminary question of law (Article 13);
2. if a party resides in the area which is inaccessible to the court for emergency reasons
(floods, etc.).
The court may order the suspension of the proceedings if the decision in respect of the
cause of action is dependent upon the question of whether a commercial violation has been
committed; or of whether a criminal offence has been committed the perpetrator of which is
prosecuted by virtue of office; or upon the question of who is the perpetrator and whether he
is criminally liable, especially when a probable cause exists that a witness or an expert has
committed perjury, or that a document produced as evidence has been forged.
Article 207
Upon the suspension of the proceedings of all time periods prescribed for the performance
of acts of procedure shall be suspended.
During the period when the proceedings are suspended, the court may not perform any
act of procedure. Nevertheless, if the proceedings are suspended after the main hearing has
45
been completed, the judge and/or the presiding judge may render a decision on the basis of
the conducted hearing.
Acts of procedure performed by one party during the period of suspension of the
proceedings shall not have any legal effect in respect of the opposing party. Their effect shall
start only when the proceedings are continued.
Article 208
The proceedings which have been suspended for any reason stated in clauses 1 to 4 of
Article 205 of the present Act shall be continued when they are taken over by a heir,
administrator of the estate, a new statutory representative, bankruptcy liquidator, or by
successors of a legal person, or when the stated persons are invited by the court to take
over the proceedings.
If the court has suspended the proceedings for reasons stated in clause 1 of the first
paragraph of Article 206 of the present Act, the proceedings shall be continued upon a final
completion of the proceedings before the court or other competent body, or if the court
establishes that further waiting for the completion of these proceedings would be
unreasonable.
In any event, the court shall not dismiss a motion by the party for the continuation of the
proceedings upon termination of the reason for suspension.
In respect of the party affected by the suspension of time periods ensuing from the
suspension of the proceedings, new time periods shall start running on the day when the
decree on continuation of the proceedings is served upon them.
The party who has not moved for continuation of the proceedings shall be served with
decree to this effect pursuant to Article 142 of the present Act.
Article 209
The proceedings shall be stayed if both parties have agreed thereupon before the
completion of the main hearing, or none of them appear at the main hearing, or if at the
hearing they both refuse to become engaged in trying of the main subject. The proceedings
shall also be stayed if one of the parties does not appear at the hearing after being duly
summoned and if the other party moves for the stay of proceedings, except when the absent
party had proposed beforehand that the hearing be conducted in their absence.
If the parties agree upon the stay of proceedings, the proceedings shall be stayed since
the day when such agreement is made in court.
Even if none of the parties appear at hearing for the production of evidence appointed by
the requested and/or presiding judge, the proceedings shall not be stayed. In such event the
hearing shall be conducted if the parties have been duly summoned.
If the conditions for stay of proceedings are fulfilled once again in the same litigation, the
action shall be deemed to be withdrawn.
Article 210
Legal consequences of the stay of proceedings shall be the same as those of the
suspension of proceedings, except that upon the stay of proceedings the statutorily
prescribed time limits shall not be suspended.
The proceedings shall be stayed until any of the parties moves for the continuation
thereof. The proceedings may not be continued until three months have lapsed since the day
when they were stayed.
If none of parties has moved for the continuation of the proceedings within four months
from the day when they were stayed, the action shall be deemed to be withdrawn.
46
The decree on the stay of proceedings shall state the day in which the proceedings are
stayed, and the warning to the parties as to legal consequences referred to in the first,
second and third paragraphs of the present Article.
Article 211
The appeal brought against the decree ordering (Article 205) or declaring (Article 206) the
suspension of proceedings, or against the decree on the stay of proceedings, shall not avert
execution of such decrees.
No special appeal shall be allowed against the decree on dismissal of the motion to
suspend and on immediate continuation of the proceedings.
Chapter Eighteen
EVIDENCE AND PRODUCTION THEREOF
General provisions
Article 212
Each party shall state the facts and adduce the evidence, upon which their claims are
based, and by means of which they contest the facts stated and evidence adduced by the
opposing party.
Article 213
Evidence shall be produced in respect of all facts relevant for adjudication of the case in
dispute.
The court shall decide which evidence will be produced for determination of the ultimate
facts.
Article 214
The facts to which a party has admitted in the court need not be proved, except upon a
court order which may be issued when a party is believed to have admitted to the facts with
intention to perform a dispositive act which they are not entitled to perform (third paragraph
of Article 3).
The court shall decide, by its persuasion and taking into account all circumstances of the
case, on whether a fact which the party has contested after having already admitted to, or in
respect of which the extent of admission has later been limited by adding new facts, will be
deemed to be admitted or disputed.
Facts presumed to be existing by virtue of statute need not be proved; however, the
parties may challenge the existence of such facts, unless otherwise prescribed by the
statute.
Generally known facts shall no be subject to proving.
Article 215
if the evidence produced in respect of a particular fact does not induce a sufficient degree
of persuasion (Article 8), the court’s conclusions on such fact shall be drawn pursuant to
rules on the burden of proof.
Article 216
If a party has been awarded the right to indemnification in money in generic goods, and if
the amount of money or quantity of goods cannot be determined or if the determination
47
thereof would ensue unreasonable difficulties, the determination of such amount of money or
quantity of goods shall be left to the judicial discretion.
Article 217
At the main hearing, the evidence shall be produced before the panel. However, for
justified reasons the panel may decide that specific pieces of evidence be produced before
the presiding judge or before the judge of a requested court (requested judge). In such
event, the record on production of evidence shall be read at the main hearing.
If the panel decides that specific pieces of evidence be produced before the requested
judge, the request to this effect shall state the description of the stage of litigation, and shall
specifically state the circumstances to which special attention should be paid upon the
production of evidence.
The parties shall be advised of the production of evidence before the presiding judge
and/or requested judge, except if they have waived the right to be advised thereof.
In the producing the evidence, the presiding judge and/or requested judge shall have the
same powers as are vested in the single judge and/or presiding judge with respect to the
production of evidence at the main hearing.
No special appeal shall lie against the decree by means of which the production of
evidence is entrusted to the presiding judge and/or requested judge.
Article 218
The presiding judge and/or requested judge entrusted with the production of a specific
piece of evidence may also produce other evidence when he considers it fit and proper.
Article 219
If the circumstances involved give rise to reasonable belief that evidence will not be able
to be produced in the expected period of time, or if evidence must be produced in a foreign
state, the court shall determine how long will it wait for the evidence to be produced.
Upon expiration of the time limit determined for the production of evidence under the
preceding paragraph, the court shall conduct the main hearing irrespective of whether the
evidence has been produced or not.
View
Article 220
A view shall be conducted if immediate observation is necessary for the court to determine
or explain a certain fact.
A view may also be carried with participation of experts.
Article 221
If the object to be inspected cannot be brought to the court, or by bringing of the same to
the court would ensue unreasonable costs, the panel may decide that the view be carried out
by the presiding judge alone if the object concerned need not be subject to immediate
observation by all members of the panel.
Article 222
If the object to be inspected is kept or located with the parties or some other person,
government body or other statutory authority, the provisions of the present Act governing the
procurement of documents from the stated persons (Articles 226 to 228) shall be applicable.
48
Article 223
If the view is carried outside the court building, the presiding judge may order the tape
recording of the whole course of view or a part thereof. The tape recording shall be enclosed
to the record on view.
Documentary Evidence
Article 224
A document issued by a government body in the prescribed form and within the limits of its
powers, or a document issued by a local government body or other statutory authority in the
said form and manner (public document) shall prove the truth of what is certified or
determined therein.
The same effect of proof shall be recognized to other documents whose effect of proof is
equated with that of public documents pursuant to special regulations.
Facts contained in a public document and correctness of composition of the same may be
subject to contestation.
If the court has doubts over the authenticity of a public document, it may require the body
purported to have issued it to produce a statement thereon.
Article 225
Unless otherwise provided by an international agreement, public documents which have
been issued in foreign states and are certified according to the regulations shall have the
same effect of proof as the domestic ones, provided that reciprocity is recognized in this
respect.
Article 226
A party shall submit to the court a document adduced as evidence to support their
statements.
A document drawn up in a foreign language shall be enclosed with a certified translation of
the original.
A document which is kept with a government body or other statutory authority and is
inaccessible to a party, shall be procured by the court by virtue of office.
Article 227
If a party adduces a document as evidence to support their statements, asserting that
such document is kept with the opposing party, the court shall order the latter to submit such
document within a specified period of time.
A party may not withhold a document which they have adduced as evidence, or which is to
be submitted or produced under the statute, or whose contents relate to both parties to the
litigation.
The rights of the parties related to withholding of other documents shall be governed, as
appropriate, by the provisions of Articles 231 to 234 of the present Act.
If a party who has been ordered to submit a document asserts that they are not in
possession thereof, the court may produce evidence to determine the truth of this assertion.
The court shall assess, by its persuasion and taking into account all circumstances of the
case, the significance of the fact that a party possessing a document fails to comply with an
order to produce it, or asserts, contrary to the belief of the court, that they are not in
possession of such document.
No special appeal shall lie against the decree passed in pursuance of the first paragraph
of the present Article.
49
Article 228
Persons other than parties may be ordered to submit documents only if such obligation is
imposed on the by the statute, or if the contents of a document to be submitted relate both to
such person and to the party adducing it as evidence.
Prior to passing of a decision ordering a third person to produce a document, the court
shall invite them to make a statement thereon.
If a third person refutes their obligation to produce the document, the decision as to such
obligation shall be given by the civil court.
If a third person who has been ordered to submit a document asserts that they are not in
possession such document, the court may produce evidence to determine the truth of this
assertion.
The court shall enforce a final decree ordering a third person to produce the document by
virtue office and in accordance with the rules governing the execution proceedings.
Third persons shall have the right to a refunding of costs they have incurred due to
submitting of documents. The provisions of Article 242 hereof shall apply mutatis mutandis
also in this case.
Witnesses
Article 229
Whoever is summoned as a witness shall comply with the summons, and shall testify,
unless otherwise stipulated by the statute.
Only those persons may be examined as witnesses who are able of giving data relevant
as to facts to be established.
Article 230
If, by giving a testimony, a person might violate his duty to keep official or military secret,
he may not be examined as a witness as long as the competent authority releases him from
such duty.
Article 231
A witness may refuse testimony:
1. on what the party has confessed to him as their attorney;
2. on what the party or other person has confessed to him as their confessor;
3. on facts of which he has learnt as a lawyer or a doctor or in pursuance of other activity,
if he is bound to protect the secrecy of what he learns in the practice of legal or medical
profession or pursuing such other activity.
The stated persons shall be instructed by the presiding judge on their right to refuse
testimony.
Article 232
A witness may not refuse to testify on the grounds of protection of a business secret if the
disclosure of certain facts is to the benefit of the public or some other person, provided that
such benefit outweighs the damage caused by disclosure of the secret.
Article 233
A witness may refuse to answer a particular question for justified reasons, especially if, by
answering, he might expose himself, his relatives in direct line, irrespective of removals, or in
lateral line up to three removals, or his spouse or extra-marital partner or an in-law up to two
50
removals, regardless of whether the marriage has terminated or not, or his guardian or
person under guardianship, or adoptor or adoptee, to a serious disgrace, considerable
financial loss or criminal proceedings. svojega zakonca ali osebo, s katero živi v dalj časa
trajajoči življenjski skupnosti, kot jo določa zakon, ki ureja zakonsko zvezo, ali sorodnike po
svaštvu do vštetega drugega kolena, četudi je zakonska zveza že prenehala, ali pa svojega
skrbnika ali oskrbovanca, posvojitelja ali posvojenca.
A witness shall be instructed by the presiding judge on his right to refuse to answer the
asked question.
234. člen
On the ground of prevention of a financial loss, a witness may not refuse to testify on legal
transactions which he has attended as an appointed witness; on acts concerning the matter
in dispute which he has performed as a legal predecessor or representative of any of the
parties; on facts relating to property relations in respect of a family community, a matrimony
other form of extra-marital community; on facts relating to a birth, conclusion of a marriage
and death; and such other facts as in respect of which he is bound to report of with
competent authority or make a statement under special regulations.
Article 235
The justifiability of reasons to withhold testimony or answers to particular questions shall
be determined by the court before which the witness ought to testify. If necessary, the
hearing of the parties shall be conducted before that.
The parties shall be allowed no special appeal against the decree referred to in the first
paragraph of the present Article, while a witness may challenge the same by means of
appeal against the decree on fine or detention imposed on him for refusing to testify or
answer a particular question (second paragraph of Article 241).
Article 236
A party calling a certain person as a witness shall state the facts on which such person
should testify, and his name, address and occupation.
Article 237
Witnesses shall be summoned invited by a writ of summons indicating: their name and
surname, their occupation, the time and place of appearance, the matter in respect of which
they are summoned, and the fact that they are being summoned as witnesses. The
summons shall also state a warning as to the consequences of unjustified non-appearance
(Article 241), and the right to refunding of costs (Article 242).
Those witnesses who are prevented from complying with the summons due to their age,
sickness or grave physical handicaps may be examined at the place of their residence.
Article 238
Witnesses shall be examined separately and in the absence of other witnesses who shall
be examined subsequently. A witness shall be bound to give oral evidence.
Prior to examination, a witness shall be advised of his duty to speak the truth and not to
withhold anything, whereupon he shall be warned of the consequences of perjury.
Thereafter, a witness shall be asked about his name and surname, his father’s name,
occupation, place of birth, age and his relationship to the parties.
Article 239
51
After general questions, the witness shall be ordered to tell everything known to him in
respect of the facts on which he is testifying. Thereupon, he may be asked questions to
check, complete and clarify his testimony. Witnesses shall not be asked leading questions.
Witnesses shall always be asked to tell the source of the knowledge of fact about which
they testify.
Witnesses may be confronted when their testimonies differ with respect to important facts.
Witnesses subject to confrontation shall be examined in turn on every issue on which their
testimony is at variance and their answers shall be entered in the record.
Article 240
If a witness does not speak the language used in the proceedings, he shall be examined
through an interpreter.
If a witness is deaf, the questions shall be asked in writing, while if he is dumb, he shall be
requested to answer in the same manner. If a witness cannot be examined in the said
manner, he shall be examined through an interpreter capable of communicating with him.
The court shall instruct the interpreter to make an accurate interpretation of questions
asked to the witness and statements made by him.
Article 241
If a witness who has been duly summoned fails to appear without justifying his nonappearance, or if he leaves the place of appearance without a permission or other justified
reasons, he may be subjected to a compulsory appearance, ordered to pay the costs of
production, and/or imposed a fine in the amount not exceeding 300,000 tolars.
If a witness appears but, being warned on the consequences, refuses to testify or to
answer particular questions for reasons considered unjustified, he may be subject to a fine in
the amount not exceeding 300,000 tolars; if, thereupon, the witness still refuses to testify, he
may be detained. The detention shall last until the witness becomes willing to testify or until
his testimony is rendered unnecessary, but not longer than one month.
The appeal lodged against the decree imposing a fine or detention shall not avert the
same from being enforced, unless it is filed also to challenge the decision by which the court
has overruled the reasons for withholding of testimony.
Upon a motion by the party, the court may decide that a witness refund the costs
occasioned by his non-appearance without justified reasons or by withholding of testimony.
If a witness subsequently justifies his non-appearance, the court shall revoke the decree
on punishment, and may exempt the witness from payment of the costs or a part thereof.
The court may revoke its decree on punishment also if the witness subsequently declares
that he will testify.
Military personnel and members of the police may not be detained, but their command
shall be advised of their refusal to testify in order to punish them. If they should be subject to
compulsory appearance, the court shall contact their superior officer to order the production.
Article 242
A witness shall have the right to be refunded for travel costs, costs of food and
accommodation for the loss of earning.
A witness shall claim the refund immediately after having been examined, or else he shall
lose this right. The court shall be bound to advise the witness thereof.
The decree on refund shall order that a witness be refunded the determined sum from the
funds advanced by the parties; if such funds have not been advanced, the court shall order a
party to refund the witness within eight days. The appeal against such decree shall not avert
the enforcement thereof.
52
Experts
Article 243
The court shall examine an expert witness when expert knowledge is required for
purposes of determination or clarification of a certain fact in dispute.
Article 244
Expert examination shall be carried out by experts appointed by the civil court.
Prior to the appointment of an expert, the court shall give the parties the opportunity to be
heard thereon.
If the production of expert evidence has been entrusted to the presiding judge and/or
requested judge, the civil court may authorise the latter to appoint an expert.
The court may at all times decide appoint a new expert in place of the one currently
appointed.
Article 245
As a rule, expert examination shall be carried out by a single expert; if, however, the court
assesses that expert examination is complex, two or more experts may be appointed to the
case.
Experts shall be appointed mainly from among court experts in the concerned profession.
Expert examinations may also be entrusted to scientific institutions (hospitals, chemical
laboratories, universities, etc.)
If a special institution exists for certain types of expert examination (counterfeiting money,
comparison of handwriting, fingerprints, etc.), such examination shall be entrusted,
especially in complex cases, to the said institutions.
Article 246
Whoever is called in as an expert shall be bound to comply with the summons, and shall
testify and give his findings and his opinion.
The court shall exempt an expert, upon his motion, from such duty for the same reasons
for which a witness may refuse to testify or answer a particular question.
The court may exempt an expert, upon his motion, of this duty also for other justified
reasons. The exemption may be requested also by an authorised person of the agency or
organization where the expert is employed.
Article 247
An expert may be disqualified on the same grounds as are applicable to the
disqualification of a judge or a lay judge; however, a person examined as a witness may
nevertheless be called in as an expert.
A party shall move for disqualification of an expert immediately after learning of any
ground therefor and not later than before the production of expert evidence. When a party is
previously heard in respect of the appointment of an expert, they shall make the statement
as to disqualification on this occasion. If the court has appointed an expert without hearing of
the parties, the latter may challenge the expert within eight days after receipt of the decree
on his appointment.
When challenging an expert, the party shall state the circumstances which in their opinion
form the legal ground for disqualification.
The motion for disqualification of an expert shall be decided upon by the civil court. The
judge of a requested court and/or the presiding judge shall decide on disqualification if the
production of expert evidence has been entrusted to him.
53
No appeal shall be allowable against the decree granting to the motion for disqualification
and no special appeal shall be allowable against the decree dismissing the motion for
disqualification
If a party comes to know about the ground for disqualification after the expert examination
has been carried out, and if for this reason they object to the expert evidence, the court shall
act as if the expert would have been challenged before he has carried out his work.
Article 248
The court may impose a fine in the amount not exceeding 300,000 tolars on an expert
who, after being duly summoned, fails to appear in court without justifying his nonappearance, or who he refuses to make an expert examination without justified reasons
The court may revoke the decree on the fine on the grounds stated in the fifth paragraph
of Article 241 of the present Act.
Upon a motion by the party, the court may order the expert to refund the costs occasioned
by his unjustified non-appearance or refusal to give expert evidence.
Article 249
An expert shall have the right to be refunded for travel costs, costs of food and
accommodation for the loss of earning, and to paid effective costs incurred in the expert
examination and award for the same.
The provisions of the second and third paragraphs of Article 242 of the present Act shall
apply, as appropriate, also to the refunding and payment of awards to expert witnesses
Article 250
Witnesses shall be summoned by a writ of summons indicating: their name and surname,
their occupation, the time and place of appearance, the matter in respect of which they are
summoned, and the fact that they are being summoned as witnesses. The summons shall
also state a warning as to the consequences of unjustified non-appearance (Article 248), and
the right to refunding of costs (Article 249).
Article 251
Prior to commencement of expert examination, the expert shall be asked to examine
carefully the matter in question, to state accurately everything he notices and discovers, and
to produce his opinion conscientiously and pursuant to the rules of science and art. At the
same time he shall be warned of the consequences of perjury.
Thereafter, the expert shall be asked to state his name and surname, his father’s name,
occupation, address, place of birth, age and his relationship to the parties.
Article 252
The court shall direct the production of expert evidence, show the object to be examined
to the expert, put to him questions, and, when necessary, require additional explanations
regarding his findings and his opinion.
An expert may be given explanations and may be allowed to inspect files. Upon his
motion, additional evidence may be produced in accordance with Article 7 of the present Act
to establish the circumstances important for him to prepare the opinion.
Article 253
The court shall decide on whether the expert is to give the findings and the opinion orally
at the hearing, or in writing prior to the hearing. The court shall specify a time period within
which the expert findings and the expert opinion must be produced.
54
The expert shall always state the grounds for his opinion.
Whenever possible, the court shall serve on the parties the findings and the opinion in
writing before the hearing in which such findings and opinion is to be produced.
Article 254
If several experts are appointed to the case, they may produce common findings and a
common opinion if they agree thereupon. If their findings and opinions do not accord, each of
them shall give his own findings and his own opinion.
If the data contained in the findings of the experts do not accord in essential points, or if
the findings or one or more experts are ambiguous, incomplete, self-contradictory, or in
contradiction with the facts examined, and if such shortcomings cannot be done away with
by a re-examination of experts, a new expert examination shall be conducted by the same or
by different experts.
If the opinion of one or several experts contain contradictions or other shortcomings, or if a
reasonable doubt arises as to accuracy of the their opinions, and if such shortcomings or
doubt cannot be removed by a re-examination of experts, other experts opinion shall require
to be produced.
Article 255
No appeal shall be allowed against a decree issued pursuant to Articles 244, 245 and 254
of the present Act.
Article 256
The provisions of Article 244, the second paragraph of Article 245, Articles 246 to 250, the
second paragraph of Article 251 and of Article 255 of the present Act shall be applicable, as
appropriate, also to the interpreters.
Examination of Parties
Article 257
To establish the disputed facts which are of importance to determination of the dispute,
the court may also examine the parties.
Article 258
If the court finds that a party or other person to be examined as a party is without
knowledge on the disputed facts, or that examination of a party is not possible, it may decide
to examine only the other party.
The court may examine only one party also in the event that the other one refuses to
testify or does not appear at the hearing.
Article 259
Parties may be examined by presiding judge or by a requested judge only if they are
prevented from appearing in court by insurmountable obstacles, or unreasonable costs
would be incurred by their appearance.
Article 260
If a party is not capable to litigate, a statutory representative shall be examined on their
behalf. The court may decide that the party be examined instead of, or in addition to, the
statutory representative, when such examination is possible.
55
A legal person shall be examined by medium of a natural person who is authorised to
represent it under the statute or pursuant to internal rules of the legal person.
If a party to the litigation consists of several persons, the court may decide to examine all
of these persons or only some of them.
Article 261
The writ of summons to a hearing on which parties are to be examined shall be delivered
to them, or to persons to be examined as a party, by personal service.
The writ shall contain a notice to the effect that the party appearing at the hearing may be
examined albeit the other party does not appear (second paragraph of Article 258).
Article 262
A duly summoned party who has not appeared in court may not be subject to any
compulsory measure and may not be forced to testify. prav tako se stranka ne more prisiliti k
izpovedbi.
The court shall assess, considering all circumstances of the case, the significance of the
fact that a party has not appeared at the hearing or has refused to testify.
Article 263
The provisions of the present Act governing the examination of witnesses shall also apply
to the examination of the parties insofar as they are not in contradiction therewith.
Chapter Nineteen
SECURING OF EVIDENCE
Article 264
If the production of specific pieces of evidence is expected not to be possible, or to be
hindered, at a later stage, such evidence may be moved to be produced during or before the
litigation.
The motion to secure evidence may be filed even after the decision by which the
proceedings are completed has become finally binding, if this is necessary for the
extraordinary judicial review of the proceedings.
Article 265
If a motion to secure evidence is filed for during the course of a civil litigation, the securing
shall fall within jurisdiction of the court conducting the proceedings.
If a motion to secure evidence is filed prior to commencement of civil proceedings and in
other emergency cases during the proceedings, the securing shall fall within jurisdiction of
the court on territory of which the things subject to a view are situated, or of the court on
territory of which the person subject to examination resides.
The motion filed in accordance with the first paragraph of the present Article shall be
decided upon by the presiding judge and/or single judge, while in case referred to in the
second paragraph of the present Article, the motion shall be decided upon the single judge
of the competent court.
Article 266
The pleading containing a motion to secure evidence shall state the facts to be proved, the
evidence to be produced, and the reasons for which the production of evidence at a later
56
stage is expected not to be possible or to be hindered. The pleading shall also contain the
particulars of the opponent, unless the circumstances show the opponent is not known.
Article 267
The pleading containing a motion to secure evidence shall be served on the opponent if
the latter is known. When delaying would be dangerous, the court may decide upon the
motion even without hearing the opponent thereon.
By means of a decree granting to the motion, the court shall fix an evidentiary hearing,
state the facts to be proved and evidence to be produced, and, if necessary, appoint experts.
If the pleading containing a motion to secure evidence was not served on the opponent
before, it shall be delivered to him along with the service of the decree granting to the
motion.
The court may appoint a representative ad litem to the opponent whose identity or
residence is not known in order to attend the evidentiary hearing (Article 82). No
announcement shall be published in respect of such an appointment.
In emergency cases, the court may decide that the production of evidence commence
even if the opponent has not yet been served the decree granting to the motion to secure
evidence.
No appeal shall be allowed against the decree granting to the motion to secure evidence
and the decree on production of evidence prior to service of the decree on the opponent.
Article 268
If evidence has been produced before the initiation of the proceedings, the record on
production of evidence shall be kept with the court before which evidence has been
produced.
If a motion to secure evidence is filed for during the course of a civil litigation, the securing
shall fall within jurisdiction of the court conducting the proceedings.
Chapter Twenty
PREPARATIONS OF THE MAIN HEARING
Article 269
After receipt of the action, the court make preparations for the main hearing.
The preparations for the main hearing shall include a preliminary examination of the
action, service of the action on the defendant to enable to file his defense plea, and fixing of
the main hearing.
The preparations for the main hearing shall be directed by the presiding judge.
During the preparations for the main hearing, parties may file pleadings in which they state
the facts they intend to assert in the main hearing, and evidence they intend to adduce.
Article 270
At all times during the preparations until the main hearing is opened the presiding judge
shall have power to decide:
1. on entry of a predecessor in the litigation;
2. on intervention;
3. on securing of evidence;
4. on amendment of action;
5. on discontinuation of the proceedings due to withdrawal of action;
6. on suspension and stay of the proceedings;
57
7. on interlocutory injunctions;
8. on joinder and severance of claims;
9. on determination and prolongation of time periods specified by the court;
10. on fixing and adjournment of hearings;
11. on reinstatement due to delays;
12. on exemption of a party from payment of the costs of proceedings;
13. on security for costs of proceedings;
14. on advancement for costs of specific acts of procedure;
15. on appointment of an expert;
16. on appointment of a representative ad litem;
17. on service of process;
18. on measures for correction of pleadings;
19. on validity of power of attorney;
20. on all other issues referring to the direction of the proceedings.
Acts referred to in clauses 3, 9, 10, 12, 13, 14, 15, 16, 17 and 18 may be performed by a
law clerk.
No appeal shall be allowable against decisions passed during the preparations for the
main hearing and relating to direction and control of the proceedings.
Article 271
During the preparations for the main hearing, the presiding judge may deliver a judgment
on the basis of acknowledgment, a judgment on the basis of relinquishment, a default
judgment, and may accept a court settlement to be made on the record.
Preliminary Examination of the Action
Article 272
Upon the preliminary examination of the action, the presiding judge shall have the right to
render decrees referred to in Article 270 of the present Act, except in respect of the issues
that may be determined, owing to their nature or pursuant to provisions of the present Act,
only in the further course of proceedings.
Article 273
When establishing that the action is unintelligible or incomplete, or affected by any
shortcomings with respect to the parties’ capacity to sue, the statutory representation of a
party, or to the right of the representative to commence a litigation, when a special permit is
necessary for this purposes, or that a party is not represented by a person who may be an
attorney pursuant to the provisions of the present Act, the presiding judge may order
necessary measures provided in Articles 81, 87 and 108 above in order to remove such
shortcomings.
Article 274
After the preliminary examination of the action has been carried out, the presiding judge
may issue a decree on rejection of the action when he establishes that the determination of
the cause of action is not within the judicial power (Article 18); or that the action has been
filed after expiration of a time limit within which it should have been filed under the statute; or
that an action is pending in respect of the same cause of action; or that the dispute has
already been determined by a final judgment; or that the dispute has already been settled by
a court settlement; or that the plaintiff lacks standing to sue.
58
The presiding judge may decree the lack of jurisdiction (Articles 19 and 22) and refer the
case to a competent court.
Article 275
When establishing that some of the questions arising during the preliminary examination
of the action cannot be decided for lack of grounds, the presiding judge shall defer the
disposition thereon until the receipt of the defense plea.
Defense Plea
Article 276
The action which contains all matter set forth in Article 180 of the present Act and in
respect of which the due amount of court fee has been paid shall be served by the court
upon the defendant to make a defense plea. The action shall be served together with
enclosures thereto.
The court shall forward the action to the defendant within 30 days after it has been filed, or
within 30 days after the decision has been passed in respect of the motion for exemption
from payment of court fees.
Article 277
The defendant shall file his plea of defense within 30 days after the action has been
served upon him, unless otherwise provided by the present Act.
The defendant shall be instructed by the court that in the event of his failure to file a
defense plea within the time limit as determined in the first paragraph of this Article, or if his
defense plea does not contain a statement of grounds (first paragraph of Article 278), the
court will render a judgment granting to the relief or remedy claimed by plaintiff (default
judgment).
Article 278
A defense plea must contain a statement of grounds otherwise it shall be deemed not to
be lodged. The defense plea shall contain a statement of grounds indicating whether the
defendant refutes the whole claim of plaintiff or only a party thereof and, in the latter case,
which particular part.
The defendant shall enclose to the defense plea the documents and adduce evidence
supporting the statements contained in the defense plea.
Article 279
The court shall serve the defense plea on the plaintiff within 30 days from its receipt.
Fixing of the main hearing
Article 280
The main hearing shall be fixed by the presiding judge.
The main hearing shall be fixed so as to allow the parties enough time to prepare for it; at
least fifteen days shall pass from the receipt of summons by the parties to the date of the
hearing.
The presiding judge shall decide which witnesses and/or experts to summon to the
hearing.
Chapter Twenty-One
59
MAIN HEARING
Course of the Main Hearing
Article 281
The main hearing shall be opened by the presiding judge who shall declare the subject
matter to be heard. Thereupon, the presiding judge shall ascertain if all summoned persons
have appeared; in the case of non-appearance, he shall verify whether they have been duly
summoned and whether they have justified their non-appearance.
Article 282
If either party does not appear at the opening hearing, or at any subsequent hearing, the
court shall nevertheless be held.
Article 283
If a party or their statutory representative is not in position to make a clear and definite
statement as to the case in dispute, and if they are not represented by an attorney, they shall
be instructed by the presiding judge to avail themselves an attorney.
If the party cannot appoint an attorney at the session, the court may adjourn the hearing
upon a motion the party.
Article 284
The opening hearing shall commence by presentation of the action and shall be followed
by the replication by the defendant.
In the further course of the hearing, the court shall hear the parties’ motions and the
statements of facts by which they support their own motions, or contest those made by the
opposing party, consider the production of evidence adduced by the parties, produce the
evidence, and consider the results of the production of evidence.
The parties may state the legal opinions in respect of the subject matter of dispute.
If the present Act provides that a party may raise a specific objection or bring a specific
motion or perform a specific act of procedure only until they become engaged in trying of the
main subject of dispute, the plaintiff may raise such objection or bring such motion or
perform such act of procedure until he has finished the presentation of the action, while the
defendant may do so until he has finished his replication.
Article 285
The presiding judge shall ask questions, and shall in other appropriate manner see that all
ultimate facts be stated during the hearing, that incomplete statements concerning important
facts be supplemented, that means of evidence relating to the parties’ statements be
adduced or supplemented, and that all necessary explanations be given in order to establish
the facts and legal relation in dispute.
Article 286
Parties shall be bound to state all facts upon which their motions are based, adduce
evidence required to establish the truth of their statements, to produce declarations
regarding the statements and evidence adduced by the opposing party, at the opening
hearing session.
At later hearing sessions, the parties shall be allowed to present new facts and new
evidence only if at the opening session they were prevented from presenting them by
reasons beyond their control.
60
Subject to condition from the preceding paragraph, the parties may file pleadings stating
the facts and evidence to be presented at the next hearing session also during the course of
proceedings.
The facts stated and evidence adduced contrary to the second and third paragraphs of the
present Article shall be ignored.
Article 287
The court shall order the production of evidence by passing of a decree indicating the
disputed facts to be proved and the means of evidence by which they are to be proved.
If the court establishes that the evidence which a party has adduced is without relevance
to determination of the dispute, it shall pass a decree on dismissal thereof and state the
grounds for dismissal.
No special appeal shall be allowed against a decree ordering or dismissing the production
of evidence.
In the further course of proceedings, the court shall not be bound by an evidentiary decree
it has passed beforehand.
Article 288
If the party puts an objection asserting that the court lacks power to hear the case, or that
another litigation is in progress in respect of the same cause of action, or that the matter in
dispute has already been determined by a final judgment or settled by a final court
settlement, the court shall decide whether to hear and determine such objections separately
from the main subject of dispute or together therewith.
If the court dismisses an objection referred to in the first paragraph of the present Article
after hearing it together with the main subject of dispute, or grants to such objection after
hearing it separately with the main subject of dispute, the decree concerning the objection
shall form part of the decision on the main subject of dispute.
No special appeal shall lie against a decree dismissing an objection if the panel decides to
continue with the proceedings immediately after passing of the decree.
The provisions of the first, second and third paragraphs of the present Article shall also
apply if the court decide separately an objection asserting that the court lacks power to hear
the case, or that another litigation is in progress in respect of the same cause of action, or
that the matter in dispute has already been determined by a final judgment or settled by a
final court settlement.
Article 289
When the judge finishes the examination of a particular witness or expert or a party, the
members of panel may put to them direct questions.
A party and their statutory representative may, by permission of the panel, put direct
questions to the opposing party, witnesses and experts.
The presiding judge shall forbid a party to ask or to answer a particular question, if such
question implies the answer sought to be obtained or is irrelevant in respect of the case in
dispute.
Upon a motion by the party, the question which has been forbidden or dismissed shall be
stated in the record.
Article 290
Witnesses and experts who have been examined shall remain in the courtroom, unless,
upon hearing the opinion of the parties, the presiding judge decides to excuse them
altogether or remove them temporarily from the courtroom.
61
The presiding judge may decide that some of the examined witnesses be called in again
at a later stage of the hearing and re-examined in the presence or absence of other
witnesses and experts.
Article 291
When the panel considers that the case in dispute has been examined to a sufficient
degree so that it can be decided upon, the presiding judge shall announce the conclusion of
the main hearing. Thereupon the panel shall retire for deliberation and voting to render a
decision.
The panel may decide to close the main hearing even if some additional documentary
evidence or the record on evidence produced by the requested judge are left to be procured
if the parties have waived the right to examine such evidence or that examination thereof is
not considered necessary.
Article 292
During the course of deliberation and voting the panel may decide that the main hearing
be reopened if this is necessary for supplementing of the proceedings or for clarification of
some important questions.
Publicity of the Main Hearing
Article 293
The main hearing shall be held in an open court.
The hearing may be attended only by persons of full age.
Persons attending the hearing shall not carry arms or dangerous instruments.
The provision of the third paragraph of the present Article shall not apply to guards of
persons involved in the proceedings.
Article 294
The panel may exclude the public from all or part of the main hearing, where so required
by the interest of official, business or personal secrets, or for moral considerations.
The panel may also exclude the public from the main hearing also when by application of
measures for maintenance of order it cannot secure an undisturbed progress of the
proceedings.
Article 295
Exclusion of the public shall not apply to the parties, their statutory representatives,
attorneys and interveners.
The panel may give permission that the main hearing from which the public is excluded be
attended by certain designated officials, court personnel, scholars or public representatives,
if this is necessary for performance of official tasks, scientific activity, or a public service.
On request of a party, the panel may allow that the hearing be attended by not more than
two persons designated by the party.
Those attending the hearing of the case from which the public is excluded shall be warned
by the presiding judge of their obligation to keep secret information learned at the trial, and of
the consequences of disclosing of such secret information.
Article 296
The decree on exclusion of the public shall be substantiated and publicly announced.
No special appeal shall be allowed against the decree on exclusion of the public.
62
Article 297
The provisions on the publicity of the main hearing shall also apply to sessions conducted
by the presiding judge out of the hearing, and to hearings conducted by the requested judge.
Direction of the Main Hearing
Article 298
The presiding judge shall direct the main hearing, put questions to the parties, examine
witnesses and experts, recognize members of the panel, the parties, their statutory
representatives and attorneys, and announce the decisions rendered by the panel.
Furthermore, the presiding judge shall see to a thorough examination of the subject of
dispute and elimination of any matter delaying the proceedings, so that the latter, if possible,
be completed at the same hearing.
The panel shall not be bound by its decree issued in reference to the direction of the
hearing.
No special appeal shall lie against a decree issued in reference to the direction of the
hearing.
Article 299
When proceeding out of the main hearing, the presiding judge or, when authorised by the
present Act, a law clerk, may issue decisions referred to in Articles 270 and 271.
Article 300
In the event that several cases are litigated between the same persons in the same court,
or if several cases in which the same person is the opponent of several plaintiffs or several
defendants are heard by the same court, the panel may decree that such cases be jointly
heard if this is convenient to speed up the proceedings or to reduce the costs. A joint
judgment shall be passed on several disputes which are being jointly heard.
The panel may issue a decree on joint hearing of several cases also when some of the
cases should have been heard by a single judge of the same court.
The panel may also decree for the severance of the action consisting of several claims
and may render separate decisions on particular claims after hearing them separately from
each other.
Article 301
If the panel decrees to adjourn the main hearing, the presiding judge shall be obliged to
procure for the next hearing session all evidence to be produced there, and to make all such
other preparations as are necessary for the litigation to be brought to an end at the next
hearing session.
No appeal shall be allowable against s decree on adjournment and the decree on
dismissal of a party’s motion for adjournment.
Article 302
If the hearing is adjourned, a new hearing session shall be conducted before the same
panel, if this is possible.
If the composition of the panel remains the same, the main hearing shall be continued and
the presiding judge shall give a brief description of the course of the previous session;
notwithstanding the above said, the panel may at all time decide the main hearing to
commence de novo.
63
If the composition of bench has changed, the main hearing shall be commenced de novo;
however, the panel may decide, upon hearing of opinion by the parties, not to repeat the
examination of witnesses and experts or the view, but to read the records on the production
of this evidence.
Maintenance of Order
Article 303
It is incumbent on the court to maintain the order in the courtroom and to protect the
dignity of the court.
Article 304
If a person involved in the proceedings or attending the same insult the court or other
participants in the proceedings, violates order, or fails to comply with the direction of the
presiding judge concerning the maintenance of order, the panel may remove him from the
courtroom, or punish him by a fine in pursuance of Article 11 of the present Act, or may both
remove him and punish him.
If a party is removed from the courtroom, the court may continue to proceed in their
absence.
If an attorney is removed from the courtroom, the court shall adjourn the hearing upon a
motion by the party. If the hearing is conducted in absence of the party, the court shall
adjourn it by virtue of office and advise the party of their attorney being removed from the
courtroom for violating the order.
If a practicing lawyer, his clerk or lawyer in trainee, is punished by fine or removed from
the courtroom, the court shall inform thereon the Chamber of Attorneys.
The appeal lodged against the decree ordering a fine or a removal shall not avert
execution of the same.
Article 305
The rights concerning the maintenance of order at the main hearing which are incumbent
on the presiding judge and/or single judge shall also be exercised by the presiding judge
conducting sessions out of the hearing, and by the requested judge.
Chapter Twenty-Two
SETTLEMENT HEARING AND COURT SETTLEMENT
Article 305a
Upon receiving the defense plea, the court shall call a settlement hearing before the main
hearing.
At the settlement hearing, the court shall discuss openly with the parties about the factual
and legal aspects of the dispute in order to define disputable and essential and study the
possibilities for court settlement and endeavour to reach its conclusion.
The public shall not be permitted to attend settlement hearings.
The court may decide not to call a settlement hearing if the parties already implemented
the procedure of an amicable settlement of dispute unsuccessfully or if the court assesses
that there is no possibility of concluding a court settlement or that it does not constitute a
relevant method of dispute settlement.
Article 305b
64
Upon the request of the court, a party shall attend the settlement hearing in person and
answer the questions of the court in person.
If the party is represented at the settlement hearing by the attorney, the latter shall be in
possession of an express power for the court settlement.
If none of the parties appear at the settlement hearing, the proceedings shall be stayed.
If one of the parties fails to appear at the settlement hearing, it shall be deemed that the
attempt at settlement has failed.
On the motion of the parties who consent to the attempt of an alternative settling of a
dispute, the court may suspend the civil proceedings for a period not exceeding three
months.
Article 305c
If the settlement hearing does not result in the conclusion of a court settlement, the court
shall immediately start the main hearing.
If the settlement was not concluded but the court assesses that there exists a probability
that the parties will conclude a court settlement, it may, upon a mutual agreement of the
parties, forthwith fix a new settlement hearing.
Invitation to the settlement hearing shall be served together with the invitation to the main
hearing. In the summons to the settlement hearing, the court shall expressly warn the parties
that it will immediately start the main hearing in case the settlement hearing fails, and it also
warns them about the consequences of one party’s or both parties’ failure to appear in the
main hearing (Article 305b).
Article 306
At all times during the proceedings before the civil court, the parties may conclude
settlement concerning the matter in dispute (court settlement).
The settlement may involve the whole claim or only a part thereof and it may also contain
settling of other questions in dispute between the parties. Moreover, a person who is not a
party to the proceedings may also participate in the settlement.
All the time during the proceedings, the court shall be alert to the possibility of settlement
and advise the parties of this possibility, and shall help them settle the matter in dispute.
A court settlement shall not be permissible in respect of claims of which the parties may
not dispose (third paragraph of Article 3).
Upon passing of a decree barring the conclusion of a court settlement, the court shall stay
the proceedings until such decree becomes final.
Article 307
The parties’ agreement on the settlement shall be entered in the record.
A court settlement shall be deemed to be concluded when the parties, having read the
record on settlement, put their signatures on this record.
Upon a motion, the parties shall be issued a certified copy of the record in which the
settlement is entered.
The court settlement may also be concluded so that the parties sign a written proposed
settlement compiled and delivered by the judge.
Article 308
At all times during the proceedings the court shall be bound, by virtue of office, to examine
whether the claim concerning which the action is pending is subject to a final court
settlement; should the court establish that the action is pending in respect of a claim
concerning which a court settlement has already been concluded, it shall reject the action
65
Article 309
A person intending to bring an action may attempt to solve the dispute by a court
settlement through medium of the court on the territory of which the opposing party resides.
By passing a decree to this effect, the court shall invite the opposing party and advise her
of the offered terms of settlement.
The costs of these proceedings shall be borne by a person initiating them.
Chapter Twenty-Three
JUDGMENT
Article 310
By passing a judgment, the court shall decide upon the relief claimed in respect of the
cause of action, and determine the lateral claims.
If a claim consists of several causes of action, they shall as a rule be adjudicated by a
single judgment.
If of several disputes which are being jointly heard only one is ripe for decision, the
judgment may passed only in respect of that dispute.
Article 311
The court may impose on a party the performance of an obligation only if such obligation
has fallen due until the conclusion of the main hearing.
However, in a judgment satisfying the claim for maintenance, the court may also order the
defendant to perform obligations which have not yet fallen due.
The judgment imposing on a party the obligation to deliver or take over the things let on
lease may be passed even prior to the lapse of the term of lease.
Article 312
If the plaintiff seeks to obtain the performance of a certain obligation, and if he has
declared, in the action or at a later stage of proceedings, his willingness to accept the
performance of another obligation instead of the one which he has claimed in the first place,
the court shall bring a judgment to the satisfaction of the claim, in which it shall rule that the
defendant will not need to perform the former obligation if he performs the latter one.
Article 313
In a judgment ordering the performance of a certain obligation the court shall also
determine a time period in which the obligation is to be performed.
Unless otherwise provided by special regulations, the adjudged obligation shall be
performed within fifteen days, while in non-monetary obligations this period may be
prolonged by the court. In disputes involving bills of exchange and cheques this period shall
be eight days.
The time period for performance of the adjudged obligation shall start running on the first
day subsequent to the day when the judgment has been served upon the defendant.
Partial Judgment
Article 314
If, due to acknowledgment of the claim or upon hearing of the case, only one of several
claims or only one part of a particular claim is ripe for decision, the court may close the
66
hearing in respect of such claim, or of such part of the claim, and render the judgment
(partial judgment).
In the event that a counterclaim has been raised by the defendant, a partial judgment may
be rendered only in respect of the claim contained in the action or only in respect of the
counterclaim, when only one of the claims is considered ripe for decision.
In deciding whether or not to render a partial judgment, the court in particular considers
the amount of the claim or part thereof which is deemed ripe for decision.
For purposes of appellate proceedings or enforcement, a partial judgment shall be
recognized as an independent judgment.
Interlocutory Judgment
Article 315
If the defendant has challenged the ground as well as the amount of the claim, and if the
case is ripe for decision concerning the ground, the court may render a prior judgment in
respect of the ground of the claim, when this is reasonable or convenient (interlocutory
judgment).
The court shall stay the hearing in respect of the amount of the claim until an interlocutory
judgment becomes finally binding.
Judgment on the Basis of Acknowledgment
Article 316
If the defendant has acknowledged the claim until the main hearing is over, the court shall
pass, without further consideration, a judgment satisfying the claim (judgment on the basis of
acknowledgment).
Notwithstanding that all conditions have been fulfilled for passing of a judgment on the
basis of acknowledgment, the court shall deny the rendition of such judgment if it establishes
that the parties may not dispose of a claim which is to be adjudicated thereby (third
paragraph of Article 3).
The rendition of a judgment on the basis of acknowledgment shall be postponed if prior
inquiries are to be made with respect to the circumstances referred to in the second
paragraph of the present Article.
Until the judgment is rendered, the defendant may, without the consent by the plaintiff,
withdraw the acknowledgment of claim made at the hearing or in a pleading.
Judgment on the Basis of Relinquishment
Article 317
If the plaintiff has relinquished his claim until the main hearing is over, the court shall pass,
without further consideration, a judgment dismissing the claim (judgment on the basis of
relinquishment).
The relinquishment of claim shall not be subject to consent by the defendant.
Notwithstanding that all conditions have been fulfilled for passing of a judgment on the
basis of relinquishment, the court shall deny the rendition of such judgment if it establishes
that the parties may not dispose of a claim which is to be adjudicated thereby (third
paragraph of Article 3).
The rendition of a judgment on the basis of relinquishment shall be postponed if prior
inquiries are to be made with respect to the circumstances referred to in the third paragraph
of the present Article.
67
Until the judgment has been rendered, the plaintiff may withdraw without the consent by
the defendant the relinquishment of claim made at the hearing or in a pleading.
Default Judgment
Article 318
If the defendant has failed to file the defense plea within the time period provided for in
Article 277 of the present Act, the court shall render a judgment satisfying the claim (default
judgment), provided that:
1. the action has been duly served upon the defendant to file the defense plea;
2. the action does not contain a claim which the parties may not dispose of (third
paragraph of Article 3);
3. the claim is founded upon the facts stated in the action;
4. the facts upon which the claim is based upon are in contradiction with evidence
adduced by the plaintiff or with judicial knowledge.
The rendition of a default judgment shall be postponed if prior inquiries are to be made
with respect to the circumstances referred to in the preceding paragraph.
If the facts stated in the action do found the claim to a sufficient extent, the court shall
pass a judgment dismissing the claim.
Finality of Judgment
Article 319
A judgment shall become final after it can no longer be subject to attack by an appeal,
insofar as it determines the claim raised in the action or the counterclaim.
At all times during the proceedings the court shall examine, by virtue of office, whether the
case in dispute has already been finally determined. Should it find that the litigation has been
initiated in respect of a claim that has already been finally determined, the action shall be
rejected.
If the judgment is passed on a claim against which the defendant has brought a plea in
set-off, the decision as to the existence or non-existence of such claim shall become final.
Article 320
The court shall be bound by the judgment since the moment of its announcement and if it
was not announced since the moment it was annulled.
As for the parties, the judgment shall commence to be binding on the day of its service
upon them.
Rendition and Announcement of Judgment
Article 321
Judgments shall be rendered and announced in the name of the people.
If the main hearing is conducted before the panel, the judgment shall be rendered by the
presiding judge and other members participating in the closing session of the main hearing.
Immediately after the main hearing is completed, the panel shall render and the presiding
judge shall announce the judgment.
In more complex cases the court may decide that the judgment be rendered in writing. In
such event, rather than being announced, the judgment shall be served on the parties in
writing within thirty days after the completion of the main hearing.
68
In the circumstances referred to in the second paragraph of Article 291 of the present Act,
the judgment shall be rendered and served on the parties not later than within thirty days
after the court has procured the files, documents, and other data, or the record. In such
case, the judgment shall not be announced.
Article 322
When the judgment is announced, the presiding judge shall read in open court the
ordering part of the judgment and give a brief statement of reasons.
Upon announcement of the judgment the court may declare that the costs of proceedings
be determined at a later time. In this event, the costs shall be determined by the presiding
judge, while the decision thereon shall be included in the written copy of the judgment.
Even if the public has been excluded from attending the main hearing, the ordering part of
the judgment shall always be read out in open court. After the ordering has been read out,
the court shall decide whether and if so to what extent the public is to be excluded from
hearing the statement of grounds.
All persons present shall stand while hearing the ordering part of the judgment.
Drawing up and Service of Judgment
Article 323
Judgments shall be reduced to writing within thirty days after they have been rendered.
The original of the judgment shall be signed by the presiding judge.
The parties shall be served a certified copy of the judgment.
Article 324
When reduced to writing a judgment shall contain an introductory part, an ordering part, a
statement of ground, and a legal warning as to the appeal.
The introductory part of the judgment shall contain: the statement to the effect that the
judgment has been rendered in the name of the people, the name of the court, the name and
surname of the presiding judge and other members of the panel, the name and surname as
well as the permanent or temporary residence of the parties and their representatives and/or
attorneys, a brief description of the matter of dispute, the day on which the main hearing has
been completed, and the day on which the judgment has been rendered.
The ordering part of the judgment shall contain the decision by which the court satisfies or
dismisses particular claims relating to the main subject of dispute and lateral claims, and the
decision on the existence or non-existence of the claim pleaded to be offset (third paragraph
of Article 319),
The statement of ground shall indicate the claims raised by the parties, the facts asserted
to give rise to these claims, the evidence, and the law applied in the rendering of the
judgment.
In a default judgment, a judgment on the basis of acknowledgment or a judgment on the
basis of relinquishment the statement of ground shall contain only the indication of reasons
providing for the rendition of a judgment concerned.
In the legal warning the court shall state a time period within which the appeal may be
taken from the judgment, and the name of court with which the appeal is to be lodged.
Supplementary Judgment
Article 325
69
If in the judgment the court has failed to determine all the claims or a part of a particular
claim which it should have determined, the party may file within fifteen days after the receipt
of the judgment a motion with the civil court to supplement the judgment.
A belated or unfounded motion to supplement the judgment shall be rejected or dismissed
proceedings without hearing of the case.
Article 326
If the presiding judge finds that the motion to supplement the judgment is well-founded, he
shall fix a main hearing session in order to render a judgment on the claim which has failed
to be determined (supplementary judgment).
If the composition of the bench has not changed and if the claim subject to supplementary
judgment has been examined to a sufficient degree, a supplementary judgment may be
rendered without re-opening of the main hearing.
If the panel finds that a motion to supplement the judgment is belated or unfounded, it
shall pass a decree rejecting and/or dismissing it.
If a motion to supplement the judgment relates only to the costs of litigation, it shall be
decided upon by the presiding judge in ex parte proceedings.
Article 327
If an appeal has been lodged in addition to the motion to supplement the judgment, the
court of first instance shall not send the appeal to the court of second instance until the time
period has expired for appealing against the decision on the motion to supplement the
judgment.
If an appeal is lodged against the decision on the motion to supplement the judgment,
such appeal shall be send up to the court of second instance together with the appeal
against the judgment itself.
If the judgment of first instance is appealed against solely on the ground that the court of
first instance has failed to determine all disputed claims, such appeal shall be considered as
a motion to supplement the judgment.
Correction of Judgment
Article 328
The presiding judge may at any time correct mistakes in writing and computing,
shortcomings in form, and discrepancies between the copy and original of the judgment.
The correction shall be made in form of a special decree which shall be noted at the end
of the original of the judgment, while the transcript of the decree shall be served upon the
parties.
If the copy and the original are at variance in respect of any decision included in the
ordering part of the judgment, the corrected copy of the judgment shall be served upon the
parties together with a notice that the former copy is being replaced thereby. In such event,
the period of limitation on means of ordinary judicial review shall start running on the day of
service of the corrected copy on the parties.
The court may correct the judgment without hearing of the parties.
Chapter Twenty-Four
DECREE
Article 329
All decrees that are passed at the hearing shall be announced by the presiding judge.
70
A decree which has been announced at the hearing shall be served on the parties in the
form of a certified copy only if an appeal is allowed against it, or if execution can be applied
for on its basis, or if so is necessary for purposes of direction of the proceedings.
As for the court, a decree shall be binding, unless it is relating to direction of the
proceedings, or if otherwise is provided for by the present Act.
Except when served in writing, the decree shall be binding to the parties from the moment
of its announcement.
Article 330
If a decree is passed without hearing of the case, a certified copy thereof shall be served
on the parties
A decree on dismissal of a motion of a party which the court has passed without hearing
the opposing party shall not be served on the latter.
Article 331
A decree shall contain a statement of ground if by passing thereof a motion of a party has
been dismissed, or contradicting motions of the parties have been decided upon, or
whenever else this is required.
A written copy of the decree shall always contain the introductory and the ordering part,
while the statement of ground shall be necessary only when provided by the preceding
paragraph of the present Article.
Article 332
Provisions of Article 313, the second paragraph of Article 320, the second paragraph of
Article 321, the second paragraph of Article 322, and Articles 323 and 328 of the present Act
shall apply, as appropriate, also to the decree.
B) Procedure of Judicial Review
Chapter Twenty-Five
ORDINARY JUDICIAL REVIEW
1. Appeal from Judgment
The Right to Appeal
Article 333
The parties may take an appeal from judgment rendered by the court of first instance
within fifteen days from the day of service of the copy of the judgment, unless other time
period is provided therefor by the present Act. In disputes involving bills of exchange and
cheques this period shall be eight days.
A timely institution of an appeal shall prevent the judgment from becoming final in respect
of the part subject to the appeal.
Appeals from judgments shall be taken to the court of second instance.
Article 334
A party may waive the right of appeal after the judgment is announced or, if it has not
been announced, after a certified copy of the judgment has been served on him.
Until disposition has been made by the court of second instance, a party may withdraw the
appeal they have lodged.
71
The waiver of the right of appeal and the withdrawal of appeal shall be irrevocable.
Content of Appeal
Article 335
The appeal shall contain:
1. the designation if the judgment subject to appellate attack;
2. the statement as to whether the judgment is challenged in whole or in a specific part;
3. the grounds of appeal;
4. the signature of the appellant.
Article 336
If the appeal fails to not indicate the action subject to attack or is not signed by the
appellant (incomplete appeal), the court of first instance shall pass an decree ordering the
appellant to supplement or sign the appeal within the prescribed period of time.
If the appellant fails to comply with this decree, the court of first instance shall pass a
decree rejecting the appeal as incomplete.
If the appeal is affected also by other shortcomings regarding the content, the court of first
instance shall send it up the court of second instance without requesting the appellant to
supplement or correct it.
Article 337
In the appeal new facts and evidence may be presented only if the appellant proves
presumptively that for reasons beyond his control he has been unable to present them by the
first hearing session or until the conclusion of the main hearing, or if conditions stated in
Article 286 of the present Act are fulfilled.
If necessary, the presiding judge shall, by his own authority or upon a request of the
reporting judge, make inquiries or conduct a hearing to examine the truth of the appellant’s
assertions referred to in the preceding paragraph.
The plea in set-off which has not been raised in first instance proceedings may not be
raised in the appeal.
Grounds of Appeal
Article 338
A judgment may be attacked:
1. on the ground of severe violation of civil procedure provisions;
2. on the ground of erroneous or incomplete determination of state of facts;
3. on the ground of violation of substantive law.
A default judgment may not be attacked on the ground of incorrectly or incompletely
established facts.
A judgment on the basis of acknowledgment and a judgment on the basis of
relinquishment may be attacked on the ground of severe violation of civil procedure
provisions and on the ground that the statement on acknowledgment and/or relinquishment
of claim has been made in error, under duress or due to deception.
Article 339
A severe violation of civil procedure provisions shall occur if during the proceedings the
court has failed to apply or has incorrectly applied a provision of the present Act, provided
that such failure or incorrect application of law might affect the lawfulness and correctness of
the judgment.
72
A severe violation of civil procedure provisions always occurs:
1. if the court has been improperly composed or if a judge or a lay judge has participated
in the rendition of judgment who has not attended the main hearing;
2. if a judge or a lay judge has participated in the rendition of judgment who should have
been disqualified pursuant to provisions the present Act (clauses 1 to 5 of the first paragraph
of Article 70), or who has been excluded by a decree of the presiding judge or the chief
judge of the court;
3. if the judgment involves a claim the deciding upon which is not within the judicial power
(Article 18);
4. if the court has determined a claim which falls under the subject matter jurisdiction of a
higher court of the same type or of a court of different type, or if upon a plea of a party it has
incorrectly decided to assume the territorial jurisdiction and included such decision in the
judgment;
5. if upon a plea by which the party has asserted that an arbitration agreement had been
made in respect of the case in dispute, the court has incorrectly decided to assume the
jurisdiction and included such decision in the judgment;
6. if, in violation of the provisions of the present Act, the court has based its judgment on
inadmissible dispositive acts of the parties (third paragraph of Article 3);
7. if a default judgment or a judgment on the basis of acknowledgment or a judgment on
the basis of relinquishment has been rendered in violation of the provisions of the present
Act;
8. if for any unlawful proceeding, particularly in respect of the service of process, a party
has been denied the opportunity to be heard in court;
9. if, in violation of the provisions of the present Act, the court has dismissed to motion of a
party to use their language in the proceedings or to attend the proceedings in their language;
10. if, contrary to the provision of the present Act, the judgment has been rendered without
a main hearing being conducted beforehand;
11. if a person incapable to sue has participated in the proceedings as a plaintiff or
defendant, or if as a party to the proceedings a legal person has not been represented by a
person authorised to represent it under the statute, or if a person incapable to litigate has not
been represented by a statutory representative or if the latter has not been in possession of
a permit necessary for litigation or a particular act of procedure, or if a party has not been
represented by an attorney in accordance with the provisions of the present Act or if the
attorney has not been in possession of power, save when the litigation or particular acts of
procedure have been approved subsequently;
12. if the court has decided upon a claim pending some other action, or upon a claim
which had already been finally determined by a court judgment or a court settlement;
13. if, in violation of the provisions of the present Act, the public has been excluded from
the main hearing;
14. if the judgment is affected by shortcomings for which it cannot be reviewed, in
particular if the ordering part thereof is incomprehensible, inconsistent, or in contradiction
with the reasons for the judgment, or if the judgment fails to contain reasons or fails to
contain reasons in respect of ultimate facts or if such reasons are vague or selfcontradictory; or if in respect of ultimate facts discrepancies exists between references in the
statement of ground to contents of documents or hearing records and the documents and
record themselves.
Article 340
An erroneous or incomplete determination of state of facts shall be deemed to exist when
the court has erroneously determined or has failed to determine a certain fact.
Article 341
73
A violation of substantive law shall occur when the court has failed to apply the provisions
of substantive law which should have been applied or has applied them erroneously.
Procedure on Appeal
Article 342
The appeal shall be filed with the court which has passed the judgment of first instance in
sufficient number of copies for the court and the opposing party.
Article 343
A belated, incomplete (first paragraph of Article 336) or inadmissible appeal shall be
dismissed by decree of the presiding judge passed without hearing of the case.
An appeal is belated if it is lodged after the statutory time limit has expired.
The appeal shall be inadmissible if it has been lodged by a person who does not have the
right of appeal, or by a person who has waived the right of appeal or has withdrawn it, or by
a person who has failed to prove standing to appeal.
Article 344
The court of first instance shall serve a copy of a timely, complete and admissible appeal
on the opposing party who may submit a replication within eight days from the day when the
service has been effected.
The court of first instance shall serve a copy of the replication on the appellant.
A belated replication shall not be rejected; rather, it shall be sent up to the court of second
instance which shall take it into consideration if this is still possible.
Article 345
After the receipt of a replication or after expiration of the time period to submit replication,
the court of first instance shall send the appeal and the replication, if submitted, including all
files, up to the court of second instance.
If the appellant asserts that civil procedure provisions have been violated during the first
instance proceedings, the presiding judge shall give explanations in respect of the
references to such violations and, if necessary, conduct inquiries to establish the truth of the
statements contained in the appeal.
Article 346
When the files relating to the appeal reach the court of second instance, the reporting
judge shall prepare a report on the appeal to be considered by the appellate panel.
If necessary, the reporting judge may procure from the court of first instance the report on
violations of procedural provisions and request the inquiries to be made concerning such
violations.
Article 346a
In the case as referred to in the second paragraph of Article 345 and the second
paragraph of Article 346 hereof, the court of first instance shall send an explanation or report
to the parties who can answer it within eight days from its service.
Article 347
As a rule, the court of second instance shall decide on the appeals without hearing the
parties.
74
The panel of the court of second instance shall be bound to fix a hearing when it
establishes that for purposes of correct determination of the state of facts the already taken
evidence should be re-examined by the court of second instance.
Article 348
The parties and their statutory representatives and/or attorneys shall be summoned to the
hearing, together with those witnesses and experts whom the court has decreed to examine.
If either party or both parties fail to appear at the hearing, the court shall consider the
appeal and render a decision, taking into account primarily the statements contained in the
appeal and in the replication.
The hearing before the court of second instance shall begin with the report of the reporting
judge describing the facts of the case, without rendering his own opinion on whether the
appeal is founded or not.
Thereafter, the attacked judgment or part thereof shall be read out, if necessary, together
with the record on the main hearing before the court of first instance. Thereupon, the
appellant shall substantiate the appeal and the opposing party shall reply to him.
At the hearing, the court of second instance shall repeat the evidence regarding which it
doubts the accuracy of weighing of evidence of the court of first instance, If any of these
pieces of evidence that were already taken by the court of first instance, may not be taken
any more or if the panel or the judge who issued the contested judgment failed to directly
take these evidence (Articles 217 and 218), the court of second instance may take the
decision to read the minutes on its taking.
At the hearing before the court of second instance, the parties may not assert new facts
nor adduce new evidence, nor may they raise a plea in set-off that has not been raised in the
proceedings of first instance.
Article 349
Except as otherwise provided for in Articles 347 an 348 of the present Act, the provisions
governing the main hearing before the court of first instance (Articles 281 to 305) shall apply,
as appropriate, also to the proceedings before the court of second instance.
Scope of Appellate Review
Article 350
The court of second instance shall examine the judgment only in respect of those parts
which are subject to attack; if the appeal fails to indicate such parts of the judgment, the
review shall be confined to that part of judgment in respect of which a party has lost the
litigation.
The court of second instance shall examine the judgment of the court of first instance
within limits of reasons stated in the appeal; in doing so, it shall always be bound by virtue of
office to inquire into severe violations of civil procedure provisions referred to in clauses 1, 2,
3, 6, 7, 8, 11, 12 and 14 of the second paragraph of Article 339 of the present Act, and
examine the correctness of application of the substantive law.
Only upon a motion by a party may the court of second instance examine whether the
limits of the claim have been transgressed by the judgment.
Disposition of the Court of Second Instance on Appeal
Article 351
In conference or upon a hearing, the court of second instance may reject the appeal as
belated, incomplete or inadmissible, or dismiss it as unfounded and affirm the judgment of
75
the court of first instance, or set aside that judgment and remand the case to the court below
for reconsideration, or modify judgment rendered in first instance.
The court of second instance may set aside the judgment even if a party has appealed for
a modification, and may modify it even if a party has appealed for setting aside.
Article 352
The court of second instance shall pass a decree rejecting the appeal as belated,
incomplete or inadmissible if the court of first instance has failed to do so beforehand (Article
343).
Article 353
The court of second instance shall by a judgment dismiss the appeal as unfounded and
affirm the judgment of the court of first instance if it establishes that grounds for appeal are
lacking and that no violation has occurred which is to be inquired into by virtue of office.
Article 354
If the court of second instance establishes that a severe violation of civil procedure
provisions (Article 339) has occurred, it shall set aside the judgment of first instance by a
decree and remand the case to the same court of first instance or to a competent court of
first instance for a new main hearing. By passing of such decree the court of second
instance shall also set aside the acts of procedure which are affected by the severe violation
of civil procedure provisions.
The court of second instance shall annul the ruling of the court of first instance and
dismiss the action if in the procedure before the court of first instance, the provisions of
clauses 3 and 12 of the second paragraph of Article 339 hereof have been violated.
If the provision contained in clause 11 of the second paragraph of Article 339 of the
present Act has been violated, the court of second instance shall set aside the judgment
below depending on the nature of violation and remand the case to the same court of first
instance for reconsideration or set aside the judgment below and reject the action.
Article 355
If, in conference or at the hearing, the court of second instance has established that the
new facts should be determined and new evidence produced in order to enable the correct
determination of the state of facts, or that in the proceedings of first instance the state of
facts has been erroneously or incompletely determined for reasons of violation of the
substantive law, it shall set aside the judgment below and remand the case to the court of
first instance for reconsideration.
Article 356
Upon setting aside the judgment of the court below and remanding the case for
reconsideration, the court of second instance may order the case to be heard by a different
panel.
Article 357
If the court of second instance establishes that the limits of the claim have been
transgressed by the judgment of the court of first instance, it may set aside the judgment of
the first instance and remand the case for reconsideration to the court below.
Article 358
76
The court of second instance shall be bound by rendition of a judgment to modify the
judgment of the court of first instance:
1. on establishing, on the basis of hearing of second instance, that the state of facts is not
such as have been determined in the judgment of the court of first instance;
2. on finding that the court of first instance has misjudged the documents or circumstantial
evidence upon which the attacked judgment is based;
3. if the court of first instance has drawn false conclusions from the determined facts in
respect of further facts, when the judgment is based upon such further facts;
4. on finding that determination of the state of facts in the judgment of the first instance is
correct but that provisions of substantive law have been violated in the proceedings of first
instance.
Article 359
The court of second instance may not modify the judgment to the detriment of the
appellant if he is the only person to have lodged the appeal.
Article 360
The statement of ground of a judgment or a decree delivered by the court of second
instance shall contain an assessment of those appellant’s allegations which are of crucial
importance, and indicate the violations of law recognized by virtue of office.
When a judgment of first instance is set aside for a severe violation of civil procedure
provisions, the statement of ground shall also indicate which provisions have been violated
and what the violation consists of.
When a judgment of first instance is set aside and the case is remanded to the court of
first instance for re-examination of facts, the statement of ground shall indicate the points in
which the determination of the state of facts made by the court of first instance comes short
or is erroneous, as well as wherein the presentation of new facts and evidence is important
for a correct decision and why such evidence and facts affect the correctness of the
adjudication process.
Article 361
The court of second instance shall return all files to the court of first instance, together with
a sufficient number of certified copies of the decision for the court to serve it upon the parties
and other persons affected thereby.
Article 362
The court of first instance shall be bound to carry out all acts of procedure and to
determine all questions in dispute which have been pointed out in the decree of the court of
second instance.
At the opening session of the new main hearing, the parties may also allege new facts and
adduce new evidence if they were unable to present them in the incumbent proceedings for
reasons beyond their control.
If the judgment is set aside on the ground of having been delivered by an incompetent
court, the new proceedings in first instance shall be conducted pursuant to provisions
applicable to conduct of the main hearing when the composition of the bench is changed
(third paragraph of Article 302).
2. Appeal from Decree
Article 363
77
The parties may take an appeal from decree rendered by the court of first instance, unless
the present Act contains provisions to the contrary.
Wherever expressly stated in the present Act that no special appeal is allowed against a
decree passed by the court of first instance, such decree may be subject to attack only by
means of the appeal from judgment.
Article 364
A timely institution of an appeal shall prevent the decree from becoming final, except when
otherwise provided for by present Act.
A decree against which no appeal is allowable shall be subject to immediate execution.
Article 365
In deciding upon the appeal, the court of second instance may:
1. reject the appeal as belated, incomplete or inadmissible (first, second and third
paragraphs of Article 343 and first paragraph of Article 363);
2. dismiss the appeal as unfounded and affirm the decree of the court of first instance;
3. grant to the appeal and modify the decree or, if need be, set aside the decree and
remand the case to the court below for reconsideration.
Article 366
The proceedings in appeal from decree shall be subject, as appropriate, to the provisions
applying to the appeal from judgment, except for the rules on the replication and the hearing
before the court of second instance.
Chapter Twenty-Six
EXTRAORDINARY JUDICIAL REVIEW
1. Revision
Article 367
The parties may lodge a revision against a final judgment rendered by the court of second
instance within thirty days from the day of service of the copy of the judgment.
In disputes involving pecuniary claims the revision shall be admissible if the amount in
dispute exceeds 1.000,000 tolars.
The revision shall always be admissible:
1. in disputes relating to statutory maintenance obligations, where the amount of
maintenance is determined for the first time or revoked;
2. in claims for indemnification for the loss of maintenance occasioned by the death of
person providing maintenance, whereby the amount of indemnification is determined for the
first time or whereby the right to indemnification is revoked;
3. in disputes arising out of copyright;
4. in disputes relating to the protection and use of inventions and marks of distinctiveness
or to the right to use a company title, and in disputes relating to the protection of competition.
Article 368
A revision shall be decided upon by the Supreme Court.
Article 369
78
The institution of a revision shall not avert the execution of the final judgment against
which it lies.
Article 370
A revision may lodged:1. on the ground of severe violation of civil procedure provisions referred to in the second
paragraph of article 339 of the present Act, except if violation relates to the territorial
jurisdiction (clause 4 of the second paragraph of article 339 of the present Act) or to
arbitration agreement (clause 5 of the second paragraph of Article 339 of the present Act), or
if the judge of the court of first instance has rendered a judgment without a prior hearing of
the case (clause 10 of the second paragraph of Article 339 of the present Act), if the court
has decided upon a claim pending some other action (clause 12 of the second paragraph of
Article 339 of the present Act), or if the public has been wrongfully excluded from the main
hearing (clause 13 of the second paragraph of Article 339 of the present Act);
2. on the ground of severe violation of civil procedure provisions as referred to in the first
paragraph of Article 339 of this Act in the proceedings before the court of second instance;
3. on the ground of violation of substantive law.
A revision may be brought for reasons of transgression of limits of the claim only if this
violation was committed in the proceedings before the court of second instance.
A request for revision may not be lodged on the ground of erroneous or incomplete
determination of the state of facts.
Against the judgment of the court of second instance affirming a judgment on the basis of
acknowledgment or a judgment on the basis of relinquishment, a revision shall be admissible
only on the grounds stated in clauses 1 and 2 of the first paragraph, and of the second
paragraph of the present Article.
Article 371
The revising court shall only examine the contested judgment in the part which is subject
to attack by revision, and within limits of the grounds alleged thereby; in the review of the
judgment, the revising court shall be bound to examine the correctness of application of
substantive law.
Article 372
The parties to the revision may present new facts and new evidence only if such evidence
and such facts are related to a severe violation of the civil procedure provisions for which a
revision may be lodged.
Article 373
A revision shall be filed with the court which has passed the judgment in first instance in
sufficient number of copies for the court, the opposing party and the State Prosecutor of the
Republic of Slovenia.
Article 374
A belated, incomplete or inadmissible revision shall be rejected by a decree of the
presiding judge passed without hearing of the case.
The revision shall be inadmissible if brought by a person not entitled to bring it, or by a
person who withdrew it, or by a person failing to prove standing, or against a judgment which
cannot be subject to revision under the present Act.
Article 375
79
The court of first instance shall serve a copy of the revision upon the opposing party and
upon the State Prosecutor of the Republic of Slovenia.
The revision shall be served on the State Prosecutor of the Republic of Slovenia together
with a copy of the attacked judgment.
Within thirty days from the day when the service has been effected, the opposing party
may submit a replication to revision.
After the receipt of a replication or upon expiration of the term to reply, the judge of the
court of first instance shall, by medium of the court of the second instance, send the revision
and the submitted replication to the revising court, together with all files on the case.
Article 376
The revision shall be decided upon by the revising court without hearing of the parties.
Article 377
The revising court shall pass a decree rejecting the revision as belated, incomplete or
inadmissible if the judge of the court of first instance has failed so to act within the limits of
his authority (Article 374).
Article 378
The revising court shall by a judgment dismiss the revision as unfounded on establishing
that the grounds for revision are lacking and that no violation has occurred which is to be
inquired into by virtue of office.
Article 379
If the revising court establishes a severe violation of the civil procedure provisions referred
to in the first and second paragraphs of Article 339 hereof on the ground of which a revision
may be lodged, except the violations stated in the second and third paragraphs of the
present Article, it shall by a decree set aside, in whole or in part, the judgments of the court
of second instance and of the court of first instance, or only the judgment of the court of
second instance, and remand the case for reconsideration to the same or a different panel of
the court of first or of second instance, or to some other competent court.
If any of the provisions referred to in clauses 3 to 12 of the second paragraph of Article
339 of the present Act has been violated, except where a claim has been adjudicated
pending some other action, the revising court shall set aside all decisions below and reject
the action.
If in the procedure before the court of first or second instance, clause 11 of the second
paragraph of Article 339 hereof has been violated, the revising court shall act, depending on
the nature of the violation, according to the first or second paragraph of this Article.
Article 380
If the revising court establishes that the substantive law was applied incorrectly, the
revising court shall grant to the revision and modify the attacked judgment.
If the erroneous and/or incomplete determination of the state of facts is due to erroneous
application of substantive law and if, therefore, the attacked judgment cannot be modified,
the revising court shall by a decree grant to the revision and set aside, in whole or in part,
the judgment of the courts of first and second instance, or only the judgment of the court of
second instance, or only the judgment of the court of first instance, and remand the case for
rehearing to the court of first or of second instance.
Article 381
80
If the revising court establishes that the limits of the claim have been transgressed by a
final judgment passed by the court of second instance, it may pass, depending of the nature
of transgression, a decree to set aside this judgment and remand the case for
reconsideration to the court of second instance, or render a judgment to modify the attacked
decision.
Article 382
The decision of the revising court shall be sent by medium of the court of second instance
to the court of first instance.
A copy of the decision of the revising court shall also be sent to the State Prosecutor of
the Republic of Slovenia.
Article 383
Unless otherwise provided by the provisions contained in Articles 367 to 382 of the
present Act, the proceedings in the revision shall be subject, as appropriate, to the rules
governing the appeal from judgment, viz. the provisions of second and third paragraphs of
Article 334, Articles 335, 336 and 341, the second and third paragraphs of Article 344, the
second paragraph of Articles 345, 346, 351 and 365 and Articles 359 to 362 of the present
Act.
Article 384
A revision may also be filed against decrees upon finality, by which the proceedings in
second instance are concluded.
However, a revision may not be filed if any of the said decrees has been rendered in a
dispute where a final judgment may not be subject to revision (second and third paragraphs
of Article 367).
A revision may always be filed against a decree by which the court of second instance has
rejected the appeal, or affirmed the judgment of the court of first instance rejecting the
revision.
The proceedings in revision of decree shall be governed, as appropriate, by the provisions
of the present Act applying to the revision of judgment.
2. Petition for Protection of Legality
Article 385
The State Prosecutor of the Republic of Slovenia may submit a petition for protection of
legality against a final judicial decision within a period of three months.
The term prescribed in the first paragraph for bringing of the petition for protection of
legality shall be deemed to have started running:
1. in respect of decisions of the court of first instance from which no appeal has been
taken, on the day when the decision could no longer be appealed against;
2. in respect of decisions of the court of second instance from which no revision has been
taken, on the day the decision was served upon the last of the parties;
Against a decision of the second instance referred to in the first paragraph of the present
Article from which a revision has been taken, the State Prosecutor of the Republic of
Slovenia may submit a petition for protection of legality within thirty days after the service of
the revision, or of the first revision, when both parties have filed them (first paragraph of
Article 375).
A petition for protection of legality may not be brought against a decision which the
Supreme Court has rendered upon a revision or a petition for protection of legality.
81
Article 386
A petition for protection of legality shall be decided upon by the Supreme Court.
Article 387
The State Prosecutor of the Republic of Slovenia may bring a petition for protection of
legality:
1. on the ground of severe violation of civil procedure provisions referred to in the first and
second paragraphs of Article 339 of the present Act, except if violation relates to the
territorial jurisdiction (clause 4 of the second paragraph of Article 339 of the present Act) or
to arbitration agreement (clause 5 of the second paragraph of Article 339 of the present Act),
or if without having heard the parties the judge of the court of first instance has rendered a
judgment which should have been rendered following the main hearing (clause 10 of the
second paragraph of Article 339 of the present Act), if the court has decided upon a claim
pending some other action (clause 12 of the second paragraph of Article 339 of the present
Act), or if the public has been wrongfully excluded from the main hearing (clause 13 of the
second paragraph of Article 339 of the present Act);
2. on the ground of violation of substantive law.
The State Prosecutor of the Republic of Slovenia may not petition for the protection of
legality for reasons of transgression of limits of the claim, neither on the ground of erroneous
or incomplete determination of the state of facts.
Article 388
The court competent to decide upon the petition for protection of legality shall also act
pursuant to the first paragraph of Article 379 of the present Act when finding that any of the
severe violations of civil procedure provisions referred to in the first paragraph of Article 339
hereof has been committed in the proceedings before the court of first instance.
Article 389
If the same decision is attacked both by the revision and the petition for protection of
legality, the Supreme Court shall determine all controversies by a single judgment.
Article 390
The State Prosecutor of the Republic of Slovenia shall be notified on the conference in
which the Supreme Court decides on the petition for protection of legality.
Article 391
In deciding upon the petition for protection of legality, the court shall examine only the
violations alleged by the State Prosecutor of the Republic of Slovenia.
Unless otherwise provided in Articles 385 to 390 of the present Act, the proceedings in the
petition for protection of legality shall be subject, as appropriate, to the provisions of Article
369, Articles 372 to 380 and Articles 382 and 383 of the present Act.
3. Action for Annulment of a Court Settlement
Article 392
The parties may contest a court settlement by an action for annulment thereof.
The action for annulment of a court settlement may be brought:1. if the court settlement has been concluded in error, under duress or due to deception;
82
2. if the court settlement has been concluded with participation of a judge or a lay judge
who should have been disqualified in pursuance of the present Act (clauses 1 to 5 of the first
paragraph of Article 70) or who has been excluded from the proceedings by a court decree;
3. if the court settlement has been concluded with participation of a person incapable to
sue, or if as a party to the proceedings a legal person has not been represented by a person
authorised to represent it under the statute, or if a person incapable to litigate has not been
represented by a statutory representative or if the latter has not been in possession of a
permit necessary for litigation or a particular act of procedure, or if a party has not been
represented by an attorney in accordance with the provisions of the present Act or if the
attorney has not been in possession of power, save when the litigation or particular acts of
procedure has been approved subsequently.
Article 393
Parties may file the action for annulment of a court settlement within three months after
learning of the grounds for annulment.
The action for annulment of a court settlement may no longer be brought after three years
have lapsed since the day when the court settlement was concluded,
An action for annulment of a court settlement shall always be filed with the court in which
the settlement concerned has been concluded.
The action for annulment of a court settlement shall be heard by the court sitting in
composition as prescribed for hearing of the dispute which was solved by the concerned
court settlement.
Unless otherwise provided in Articles 392 and 393 of the present Act, the proceedings in
the court settlement shall be subject, as appropriate, to the provisions of the second
paragraph of Article 397 and of Articles 398 to 400 hereof.
4. Reopening of Proceedings
Article 394
The proceedings finally concluded by a judicial decision may be reopened upon a motion
by a party:
1. if a judge or a lay judge has participated in the rendition of judgment who should have
been disqualified pursuant to provisions of the present Act (clauses 1 to 5 of the first
paragraph of Article 70), or who has been excluded by a decree of the court;
2. if for any unlawful proceeding, particularly in respect of omitting the service of process,
a party has been denied the opportunity to be heard in court;
3. if the originating process subject to personal service has been served upon a party in
accordance with Article 141 of the present Act owing to the party’s continuing absence for a
period longer than three months;
4. if a person incapable to sue has participated in the proceedings as a plaintiff or
defendant, or if as a party to the proceedings a legal person has not been represented by a
person authorised to represent it under the statute, or if a person incapable to litigate has not
been represented by a statutory representative or if the latter has not been in possession of
a permit necessary for litigation or a particular act of procedure, or if a party has not been
represented by an attorney in accordance with the provisions of the present Act or if the
attorney has not been in possession of power, save when the litigation or particular acts of
procedure have been approved subsequently;
5. if the judicial decision has been based upon a false statement of a witness or an expert;
6. if the judicial decision has been based upon a forged document or upon a document
certifying false facts;
83
7. if the judicial decision has been rendered due to a criminal offence committed by a
judge or a lay judge, a party’s statutory representative or attorney, the opposing party, or by
any other person;
8. if a party has been rendered an opportunity to use a final judicial decision which had
earlier been passed upon the same claim disputed between the same parties;
9. if the concerned judicial decision had been based upon some other judicial decision or
upon a decision of some other authority that has later been finally reversed or annulled or
abrogated;
10. if a party has come to know about new facts or has obtained new evidence which,
when presented, in the earlier proceedings, might have lead to a more favourable decision.
Article 395
The motion to reopen the proceedings may not submitted for reasons referred to in
clauses 1, 2, 3 and 4 of Article 394 of the present Act if a party has referred to such reasons
already in the earlier proceedings, but has failed to obtain a favorable decision thereupon.
A motion to reopen the proceedings which is filed for reasons stated in clauses 1, 8, 9 and
10 of Article 394 of the present Act may be granted to only in the event that, without their
own fault, a party had not been able to allege such reasons until the earlier proceeding was
concluded by a final judicial decision.
Article 396
The motion to reopen the proceedings shall be filed within a period of thirty days which
shall start running:
1. in the case referred in clause 1 of Article 394 of the present Act, on the day when the
party learns about the ground for reopening;
2. in the case referred in clauses 2 and 3 of Article 394 of the present Act, on the day
when the decision has been served upon a party;
3. in cases from clause 4 of Article 394 hereof if a person who may not be a party to the
proceedings participated in the proceedings as a plaintiff or a defendant, on the day when a
decision was served on him; if a party to the proceedings who is a legal person has not
been represented by a person authorised to represent it under the statute, or if a person
incapable to litigate has not been represented by a statutory representative, or if the party
has not been represented by a statutory representative in compliance with this Act, on the
day when a decision was served on the party or its statutory representative; if the statutory
representative or attorney has not been in possession of a permit necessary for litigation or
for particular acts of procedure, on the day when the party learns about this ground;
4. in cases referred in clauses 5 to 7 of Article 394 of the present Act, on the day when the
party learns of a final sentence delivered in the criminal proceedings or, if the latter could not
have been completed, of the stay of criminal proceedings or the circumstances preventing
the completion thereof;
5. in cases referred in clauses 8 and 9 of Article 394 of the present Act, on the day when
the final decision constituting the ground for reopening has become available to a party;
6. in the case referred in clause 10 of Article 394 of the present Act, on the day when the
party is rendered the opportunity to asset new facts and/or adduce new evidence.
If the time period specified in the first paragraph of the present Article is to start running
before the decision becomes final, this time period shall start running upon finality of the
decision from which no appeal has been taken, or else, upon the service of the decision of
the higher court.
After five years have lapsed since the finality of the decision, the motion to reopen the
proceedings may no longer be brought, except on the grounds referred to in clauses 2 and 4
of Article 394 of the present Act.
84
Article 397
The motion to reopen the proceedings shall always be filed with court which has rendered
the judgment in first instance.
The request to repeat a procedure shall list the following in particular: the motion indicating
the statutory ground for the reopening, the circumstances showing that the motion has been
filed within the prescribed term, and evidence supporting the allegations of the mover.
Article 398
A belated (Article 396), incomplete (second paragraph of Article 397) or inadmissible
(Article 395) motion to reopen the proceedings shall be rejected by a decree passed by the
presiding judge without hearing of the case.
Unless rejecting the motion, the presiding judge shall serve a copy thereof to the opposing
party pursuant to the provisions of Article 142 of the present Act; the opposing party shall
have the right to reply thereto within fifteen days. When the replication reaches the presiding
judge or upon expiration of the term to reply, the presiding judge shall fix a hearing to
consider the motion.
If reopening of the proceedings is moved for on the grounds referred to in clause 10 Article
394 of the present Act, the presiding judge may join the hearing to consider the motion with
the main hearing of the case.
Article 399
The hearing to consider the motion shall be conducted by the judge presiding the panel of
the court of first instance, except if such hearing has been joined with the main hearing.
Article 400
After the hearing to consider the motion has been completed, the judge presiding the
panel of the court of first instance shall render a decision upon the motion to reopen the
proceedings, except if the motion is related solely to the appellate proceedings (Article 401).
The decree permitting the reopening of proceedings shall also set aside the decision
passed in the earlier proceedings.
The presiding judge shall not fix the hearing prior to finality of the decree permitting the
reopening of proceedings; however, in passing of this decree he may decide that the main
subject be heard immediately. At the opening session of the new main hearing, the parties
may also allege new facts and adduce new evidence if they were unable to present them in
the incumbent proceedings for reasons beyond their control.
No special appeal shall be allowable against a decree permitting the reopening of
proceedings if thereby the presiding judge has decided to proceed immediately with the
hearing of the case.
If presiding judge has permitted the reopening of proceedings and decided to proceed
immediately with the hearing of the main subject, the decree permitting the reopening and
setting aside the earlier decision shall be included in the ultimate judgment.
Article 401
If the motion to reopen the proceedings is related solely to the proceedings in appeal, the
judge presiding the panel of the court of first instance shall send the case, after having
considered the motion at a hearing, to the high court to decide thereupon.
When the case reaches the higher court, the presiding judge shall act in pursuance of the
provisions of Article 346 of the present Act.
The panel of the higher court shall decide on the motion to reopen the proceedings without
a hearing.
85
If the panel of the higher court establishes that the motion to reopen the proceedings is illfounded and that a new main hearing need not be conducted, it shall set aside its earlier
decision and a possible decision of the higher court and render a decision on the main
subject of dispute.
5. Relation between Motion to Reopen the Proceedings and other Means of
Extraordinary Judicial Review
Article 402
If within the term prescribed for filing of the revision a party has submitted a motion to
reopen the proceedings only on the grounds for which a revision may also be lodged, the
motion to reopen the proceedings shall be considered as a revision.
If a revision based on any of the grounds referred to in clause 12 of the second paragraph
of Article 339 of the present Act is filed simultaneously with, or prior to, a motion to reopen
the proceedings pursuant to Article 394 of the present Act, the court shall suspend the
procedure in motion to reopen the proceedings until the procedure in revision has been
finally concluded.
If a revision based on any grounds other than those referred to in clause 12 of Article 339
of the present Act is filed simultaneously with, or prior to, a motion to reopen the proceedings
submitted pursuant to clauses 5, 6, or 7 of Article 394 of the present Act and based upon a
final sentence rendered in the criminal proceedings, the court shall suspend the procedure in
motion to reopen the proceedings until the procedure in revision has been finally concluded.
In all other cases when a revision is filed simultaneously with, or prior to, a motion to
reopen the proceedings, the court shall decide which procedure to continue and which to
suspend; in deciding thereon, the court shall take into account all circumstances of the case
and, in particular, the reason why both legal remedies have been lodged and the evidence
adduced by the parties.
Article 403
The provisions of the first and third paragraphs of Article 402 of the present Act shall also
apply when a party has first filed a motion to reopen the proceedings and later a revision.
In all other cases when a party has first filed a motion to reopen the proceedings and later
a revision, the court shall as a rule suspend the procedure in revision until the procedure in
motion to reopen the proceedings is concluded, except when finding that substantial reasons
exist for acting otherwise.
Article 404
The judge presiding the panel of the court of first instance shall pass the decree under
Article 402 of the present Act upon the receipt of the motion to reopen the proceedings and
before the case is send up to the revising court. If the motion to reopen the proceedings is
received after the revision case has already been sent to the revising court, the decree under
Article 402 of the present Act shall be rendered by the panel of the revising court,
The decree under Article 403 of the present Act shall be rendered by the judge presiding
the panel of the court of first instance, except when by the time the revision is received by
the court of first instance the case concerning the motion to reopen the proceedings has
already been sent into decision of the higher court (first paragraph of Article 401); in such
event, the decree shall be passed by the panel of the higher court.
No appeal shall lie against a decree referred to in the first and second paragraphs of the
present Article.
Article 405
86
The provisions of Articles 402, 403 and 404 of the present Act shall govern, as
appropriate, also the situation where a party’s motion to reopen the proceedings is filed
before, upon, or after the bringing of a petition for protection of legality by the State
Prosecutor.
Part Three
SECTORAL JURISDICTION
Chapter Twenty-Seven
PROCEEDINGS IN MATRIMONIAL ACTIONS AND ACTIONS CONCERNING THE
RELATIONS BETWEEN PARENTS AND CHILDREN
1. Common provisions
Article 406
Matrimonial actions shall include the action for dissolution of a marriage and the action for
annulment of a marriage.
Actions concerning the relations between parents and children shall include paternity and
maternity suits and actions concerning the care, education and maintenance of minors and
of adults subject to protracted paternal rights (hereinafter referred to as: ‘children’),
irrespective of whether they are heard independently or jointly with matrimonial actions an/or
paternity or maternity suits.
Unless express provisions to the contrary are contained in the present Chapter, the
proceedings in matrimonial actions and in actions concerning the relations between parents
and children shall be subject to the provisions of the present Act.
Article 407
The public shall be excluded from the proceedings in matrimonial actions and in actions
concerning the relations between parents and children.
Article 408
In matrimonial actions and actions concerning the relations between parents and children,
the court shall be bound by virtue of office to perform all such acts as are necessary for the
protection of rights and interests of children and other persons who are not capable to
protect their rights and interests by themselves.
In actions concerning care, education and maintenance of children the panel shall not be
bound by the claims raised by the parties; when the law determines so it may also decide on
it without a specific claim raised.
For purposes of protection of persons referred to in the first paragraph of the present
Article, the court may also establish facts which the parties have not stated and collect other
data required for its decision. Persons and organizations possessing the data required for
the judicial decision shall be bound to deliver such data to the court even if the person
referred to therein objects thereto.
Article 409
A child who has attained the age of fifteen and is capable of understanding the meaning
and legal consequences of the acts he performs shall be enabled by the court to execute the
acts of procedure independently as a party.
87
The statutory representative of the child referred to in the preceding paragraph may
execute acts of procedure unless and until the child declares that he is taking over the
litigation.
A child who has not yet attained the age of fifteen and who is considered by the court as
incapable of understanding the meaning and legal consequences of the acts he performs
shall represented by his statutory representative.
In the event that the interests of the child and those of his statutory representative collide,
the court shall appoint to the child a special representative. Such representative shall also be
appointed in all other cases where the court deems it necessary for the protection of the
child’s interests.
Article 410
In deciding on the education and care of children, the court shall be bound to advise the
child who has attained the age of ten and is capable of understanding the meaning of the
proceedings and the consequences of the decision in an appropriate manner of the
introduction of the proceedings and of his right to state an opinion thereon. Considering his
age and other circumstances, the child shall be invited, through intermediary of the social
services or a school social worker, to attend an informal discussion in the court. Such
discussion may be attended by a person whom the child trusts and so designates. Such
person can help the child express his/her opinion.
The judge shall make a record on the discussion and, as the case may be, record the
discussion on a tape. For reasons of protection of interests of the child, the court may decide
not to allow his parents to inspect the record or to listen to the tape recording.
The child who has reached the age of fifteen and has produced his opinion during the
proceedings shall be served upon the decision, from which he may also take appeal.
Article 411
In proceedings in matrimonial actions and in actions concerning the relations between
parents and children, the court may render, upon a motion by a party of by virtue of office,
interlocutory injunctions concerning the taking away or restriction of the rights to contacts or
the manner of carrying out the contacts.
In matrimonial actions the court may issue on the motion of a spouse also an interlocutory
injunction on his/her maintenance and on the removal of the other spouse from a common
dwelling, if this is required to prevent violence.
Interlocutory injunctions from the preceding paragraphs are issued under the provisions of
the law regulating the insurance.
Article 412
The provisions of the present Act governing the judgment on the basis of
acknowledgment, default judgment, judgment on the basis of relinquishment and the court
settlement shall not apply to the proceedings in matrimonial actions and in actions
concerning the relations between parents and children.
Without prejudice to the provision of the first paragraph of this Article, the parties may
enter a court settlement in respect of the care, education and maintenance of the children,
and in respect of the contacts of the children with their parents and other persons, unless
such settlement is barred by the panel for reason of protection of interests of the children.
Article 413
In the proceedings in matrimonial actions and in actions concerning the relations between
parents and children, the determination of costs of proceedings shall be left to the discretion
of the panel.
88
Article 414
In proceedings in matrimonial actions and in actions concerning the relations between
parents and children, the parties may present new facts and adduce new evidence until the
end of the main hearing, notwithstanding the provision of Article 286 of the present Act and
in the appeal notwithstanding the provision of Article 337 of this Act.
2. Procedure in Matrimonial Actions
Article 415
In matrimonial actions the proceedings shall be initiated upon an action by the plaintiff.
Subject to conditions specified by the statute, the proceedings for dissolution of a marriage
shall be initiated also upon a motion for dissolution of a marriage by agreement of spouses.
If one of the spouses withdraws his consent to the motion for dissolution of a marriage by
agreement after the same has been lodged with the court, the panel shall stop the
proceedings.
Article 416
Before the defendant is served with the motion for dissolution of a marriage by agreement
of spouses and/or action for dissolution of a marriage, the same shall be sent by the court to
the body competent for social affairs to conduct a marriage counselling interview in
accordance with the statute, except in the following circumstances:1. where one of the spouses is mentally diseased or incapable of reasoning;
2. where one of the spouses or both of them reside abroad;
3. where the motion for dissolution of a marriage is brought because one of the spouses
has been missed;
4. where the spouses have no common children subject to parental rights.
If the body competent for social affairs notifies the court on the failure to appear at the
interview by the spouse who has filed the action for dissolution of a marriage or by both
spouses who have filed the motion for dissolution of a marriage, the action and/or motion
shall deem to be withdrawn; otherwise, the court shall continue the proceedings after the
receipt of the record on interview from the body competent for social affairs.
Article 417
Until the completion of the main hearing, the plaintiff may withdraw the action for
dissolution of a marriage without the defendant’s consent. Henceforth, and until the final
conclusion of the proceedings, the withdrawal shall be subject to consent by the defendant.
The spouses may withdraw the motion for dissolution of a marriage until the final
conclusion of the proceedings.
Article 418
If the plaintiff dies after he has filed the action, his heirs may not later than within six
months continue the instituted proceedings by moving with the court to declare that the
action or the motion for dissolution of a marriage has been well-grounded.
The provision of the first paragraph of this Article shall apply, as appropriate, also in the
event that the deceased spouse has brought the motion for dissolution of a marriage by
agreement of spouses.
Article 419
89
The judgment dissolving the marriage on the basis of the agreement of spouses may be
attacked only for severe violation of civil procedure provision, or if a party’s consent to the
motion has been given under duress or upon deception, or if the statutory conditions for the
dissolution of a marriage on the basis of agreement of the spouses have not been met.
Article 420
Matrimonial actions shall not be subject to revision.
A final judgment whereby a marriage is dissolved or annulled may not be set aside or
modified on the basis of a petition for protection of legality or of a motion to reopen the
proceedings, irrespective of whether any of the parties has made a new marriage
subsequently.
Article 421
In the judgment on dissolution of the marriage on the basis of motion for dissolution of a
marriage by agreement of spouses the panel shall also include the agreement of spouses on
the care, education and maintenance of their children and on the contacts between the
spouses and the common children.
If the panel satisfies the claim for dissolution of a marriage, it shall also decide upon the
care, education and maintenance of children and on the contacts between the spouses and
the common children. The panel shall render such decision also if no specific claim has been
raised to this effect, while even if such claim has been raised, the court shall not be bound
thereby.
The panel shall decide on the maintenance of a spouse only upon a motion of the latter.
Upon a motion of the former spouse or a body competent for social affairs, the court shall
deliver a revised decision on the care and education of the child if so is required by the
interests of the child with respect to the changed circumstances.
Shall the court establish that the agreement of the spouses as referred to in the first
paragraph of this Article is not to the benefit of the children, it rejects the proposal.
3. Procedure in Paternity and Maternity Suits
Article 422
In the judgment satisfying the child’s claim for determination of fatherhood, the panel shall
also decide on maintenance of the child. If circumstances so require, the panel may decide
to render such decision even if it has not been subject of a specific claim; however, if such
claim has been raised, the panel shall not be bound thereby.
Article 423
The provisions governing paternity suits shall apply, as appropriate, also to maternity
suits.
Chapter Twenty-Eight
PROCEEDINGS IN DISPUTES FOR DISTURBANCE OF POSSESSION
Article 424
The proceedings in disputes for disturbance of possession shall be subject to the
provisions of the present Act, except when otherwise provided by special rules contained of
the present Chapter.
Article 425
90
In disputes for disturbance of possession the court shall always see to it that hearing
sessions and time periods be fixed so as to facilitate a speedy completion of the proceedings
with respect to the circumstances of each particular case,
Article 426
The examination of the action for disturbance of possession shall be strictly confined to
the assessment and proving of facts relating to the last state of possession. In doing so, the
determination of the right of possession, legal grounds of possession, good faith and
fairness, or claims for damages shall not be permissible.
Article 427
(Deleted)
Article 428
The time period for rendition of the relief obtained by the plaintiff under the court decision
shall be determined by the court with respect to the circumstances of the case.
The time period to file the defense plea and the appeal shall be eight days.
For well-founded reasons the court may decide that the appeal shall not avert the
enforcement of the decree.
The decree rendered in a dispute for disturbance of possession shall not be subject to
revision.
Article 429
The plaintiff shall lose the right to apply in the execution proceedings for the enforcement
of a decree ordering the defendant to perform a certain obligation if he has failed to apply for
a forcible execution thereof within thirty days after the expiration of the time period specified
in the decree for the defendant to perform such obligation.
Article 430
The reopening of a finally concluded proceedings for disturbance of possession shall be
permissible only on the grounds referred to in clauses 2 to 4 of Article 394 of the present Act
and shall be moved for within thirty days after the decree on disturbance of possession has
become final.
Chapter Twenty-Nine
ISSUE OF PAYMENT ORDER
Article 431
When a monetary claim is supported by an authentic document the original or a certified
copy of which is enclosed with the action, the court shall order the defendant to satisfy the
claim (payment order):
Authentic documents shall include, but not be limited to, the following:
1. public documents;
2. private documents on which the signature of the debtor has been authenticated by a
body authorised for authentication;
3. bills of exchange or cheques, with the protest and certificate of payment when the latter
are required for the origination of the claim;
4. certified statements of outstanding debts;
91
5. invoices;
6. other writings assuming the character of a public document under special regulations.
The court shall issue a payment order even if the plaintiff has not applied to this effect ,
provided that the conditions exists for the issuance thereof.
Article 432
In claims providing for payment of due sum of money not exceeding 200,000 tolars, the
court shall issue a payment order against the defendant even though the action does not
contain an authentic document, but does allege the legal basis and the amount of debt,
adducing also the evidence to determine the truth such allegations.
The payment order referred to in the first paragraph of the present Article may be issued
only to the main debtor.
Article 433
A payment order shall be issued by a law clerk in ex parte proceedings.
By issuance of a payment order, the court shall impose on the debtor a duty to satisfy the
claim and pay the determined amount of costs within the term of eight days from the day of
service of the payment order, in disputes involving bills of exchange or cheques such term of
payment being three days, or else to file a plea against the payment order in the same
period of time. The payment order shall contain a legal warning instructing the defendant that
a belated plea shall be rejected. At the same time, it shall warn the party that a defense plea
must contain a statement of grounds otherwise it shall be deemed unfounded (second
paragraph of Article 435).
The payment order shall be served upon both parties to litigation.
The defendant shall be served the payment order together with a copy of the action and
enclosures.
Article 434
If the court dismisses the application for issuance of a payment order, it shall continue to
proceed with the action.
No appeal shall be allowed against the decree dismissing the application for issuance of a
payment order.
Article 435
The defendant may challenge the payment order only by means of a plea.
The decision shall include an explanation. The defendant shall submit documents and
adduce evidence supporting the statements contained in the defense plea, otherwise the
plea shall be deemed unfounded.
If the payment order is challenged only in respect of the decision on costs of proceedings,
then such decision may only be challenged by means of appeal from decree.
The payment order shall become final in respect of the part which is not subject to a plea.
Article 436
The presiding judge shall reject a belated or incomplete or inadmissible plea in ex parte
proceedings.
The parties may state new facts and adduce new data at the first hearing session, while
the defendant may raise new pleas in respect of the contested part of the claim.
In the decision on the main subject the court shall decide whether to remain the payment
order wholly or partly in force, or to set it aside.
92
Article 437
If the defendant files a plea asserting that the statutory conditions for issue of payment
order (Articles 431 and 432) have not been fulfilled or that other obstacles exist in respect of
continuation of the proceedings, the court shall first decide upon such a plea. If it establishes
that the plea is well-founded, it shall set aside the payment order and, after finality of the
decree to set aside, commence to examine the main subject of dispute if a hearing is to be
conducted.
If the court dismisses the plea, it shall forthwith commence to examine the main subject of
dispute, while the decision on the plea shall be included in the decision on the main subject.
If upon a plea that claim has not yet fallen due the court establishes that the claim has in
fact fallen due only after the payment order had been issued, it shall by a judgment set aside
the payment order and determine the claim (first paragraph of Article 311).
Article 438
Until the payment order is issued, the court may by virtue of office declare its lack of
territorial jurisdiction.
The defendant may challenge territorial jurisdiction only in the plea against a payment
order.
Article 439
If the court declares its lack of territorial jurisdiction after the payment order has been
issued, it shall set aside the payment order and, after the decree to this effect becomes final,
refer the case to a court of competent jurisdiction.
If the court establishes its lack of territorial jurisdiction after the payment order has been
issued, it shall not set aside the payment order, but shall, after the finality of the decree on
lack of jurisdiction, refer the case to a court of competent jurisdiction.
Article 440
When in cases specified by the present Act the court renders a decree rejecting the
action, it shall also set aside the payment order.
Article 441
Until a plea is lodged, the plaintiff may withdraw the action without consent by the
defendant. If the action is withdrawn, the court shall set aside the payment order by a
decree.
If the defendant withdraws all of his pleas by the end of the main hearing, the payment
order shall remain in force.
Chapter Thirty
SMALL CLAIMS PROCEDURE
Article 442
Small claims procedure shall be subject to the provisions of the present Act, except where
otherwise provided by special rules contained in the present Chapter.
Article 443
For purposes of the present Chapter, a small claim dispute shall denote a dispute on a
monetary claim where the amount of dispute does not exceed 200,000 tolars.
93
Small claims disputes shall also include disputes on non-monetary claims in respect of
which the plaintiff has declared his willingness to accept, instead of satisfaction the claim, a
sum of money not exceeding 200,000 tolars (first paragraph of Article 44).
Small claims disputes shall also include disputes on claims for delivery of movable
property where the stated amount in dispute does not exceed the amount as referred to in
the first paragraph of this Article (second paragraph of Article 44).
Article 444
For purposes of the present Chapter, small claim disputes shall not include disputes
relating to immovable property, disputes arising out of copyright, disputes relating to the
protection and use of inventions and marks of distinctiveness or to the right to use a
company title, disputes relating to the protection of competition, and disputes for disturbance
of possession.
Article 445
Small claims procedures shall also be conducted upon a plea against a payment order if
the contested part of the payment order does not exceed 200,000 tolars.
Article 446
Small claims procedures shall be conducted before a local court, unless otherwise
provided for by the present Act.
Article 447
In small claims procedure, a special appeal shall be allowed only against the decree by
means of which the procedure is completed.
Other decrees appealable pursuant to the present Act may be challenged only by the
appeal from decision by means of which the procedure is completed.
The decrees referred to in the second paragraph of the present Article shall not be served
upon the parties; instead, they shall be announced at the hearing and included in a written
copy of the decision.
Article 448
In small claims procedures, the record on the main hearing shall contain the following data
in addition to those referred to in the first paragraph of Article 123 of the present Act:
1. the most important statements made by the parties, particularly those by which a party
has wholly or party acknowledged the claim, or relinquished the claim, or waived the right of
appeal, or amended the claim, or withdrawn the action;
2. the essential data on the evidence produced;
3. the decisions announced at the main hearing which are subject to appeal;
4. the data on whether the parties attended the announcement of the judgment and, if they
did, whether they were advised on the conditions for appeal.
Article 449
If the plaintiff amends the claim so that the amount of dispute exceeds 200,000 tolars, the
procedure shall be brought to an end pursuant to provisions of the present Act governing the
regular proceedings.
If prior to the completion of the main hearing conducted pursuant to provisions governing
the regular proceedings the plaintiff has reduced the claim so that the amount of dispute
exceeds 200,000 tolars, the procedure shall be continued pursuant to the provisions of the
present Act governing the small claims procedure.
94
Article 450
Small claims procedures shall be conducted on the basis of acts of procedure executed in
writing.
Small claims procedures may not be stayed.
Article 451
In the small claims procedures, the plaintiff shall state all facts and adduce all evidence in
the action, while the defendant shall do so in his defense plea.
Article 452
In small claims procedures, each party may file one preparatory pleading.
The plaintiff may file a preparatory pleading within eight days after receipt of the defense
plea in which he shall reply to the assertions contained therein.
The defendant may file a preparatory pleading within eight days after receipt of
preparatory pleading of the plaintiff in which he shall in turn reply to the assertions contained
therein.
Article 453
Facts and evidence presented in pleadings other than those referred to in preceding
Article shall be ignored.
Article 454
If, after the receipt of the defense plea and the preparatory pleadings of the parties, the
court finds that no dispute exists on the matter the facts and that no other obstacles hinder
the rendition of a decision, it shall decide the case without a hearing.
Article 455
If the main hearing session has been fixed whereas the plaintiff has failed to appear
despite having being duly summoned, the court shall render a judgment on the basis of
relinquishment.
Article 456
The summons to the main hearing shall inter alia include the advice to following effect:
that the plaintiff who fails to appear at the main hearing will be deemed to have relinquished
the claim; that a small claims procedure is not subject to provisions governing the stay of
proceedings; that the parties are bound to present all facts and evidence in the pleading
referred to in Article 451 of the present Act; and that the decision may be contested only on
the ground of severe violation of civil procedure provisions and violation of substantive law.
Article 457
In small claims procedure the judgment shall be announced immediately after completion
of the main hearing.
Upon announcement of the judgment, the court shall instruct the parties present on the
conditions in which they may appeal against it.
When reduced to writing, the judgment shall include an introductory part, an ordering part
and a statement of ground. The statement of ground shall consist only of a brief description
of factual considerations and the indication of provisions of the substantive and procedural
law which have been applied in determination of the case (third paragraph of Article 324),
95
Article 458
The judgment and the decree by which a small claim procedure has been concluded may
be appealed against only on the ground of severe violation of civil procedure provisions
referred to in the second paragraph of Article 339 of the present Act and of violation of
substantive law.
Without prejudice to the provision of the above paragraph, the panel of the court of second
instance shall set aside the judgment and/or of the court of first instance and remand the
case for rehearing when it establishes that due to violation of substantive law the
determination of state of facts is erroneous and/or incomplete. The provision of the second
paragraph of Article 362 of the present Act shall not apply to rehearing.
The parties may file an appeal against the judgment of first instance and decree referred
to in the first paragraph of the present Article within eight days.
In small claims procedures, time periods referred to in the second paragraph of Article 313
and the first paragraph of Article 325 of the present Act shall be eight days.
The reopening of a small claims procedure shall not be permissible on the basis of clause
10 of Article 394 of the present Act.
Chapter Thirty-One
ARBITRATION PROCEEDINGS
Article 459
The present Chapter shall govern the proceedings before arbitration tribunals (arbitrations)
based in the Republic of Slovenia, except when pursuant to provisions of some other statute
or an international agreement an arbitration based in the Republic of Slovenia is considered
as a foreign arbitration.
Article 460
The parties may conclude an agreement conferring on a domestic arbitration the power to
hear and determine the disputes involving claims which they may freely dispose of.
In disputes in which at least one party is a natural person with permanent residence in a
foreign state or a legal person with headquarters in a foreign state, the parties may conclude
an agreement conferring the power on a foreign arbitration, unless a court of the Republic of
Slovenia has exclusive jurisdiction over such disputes.
Article 461
An arbitration agreement may be concluded with respect to a particular dispute as well as
with respect to future disputes which might arise out of a particular legal transaction.
An arbitration agreement shall be valid only if concluded in writing.
An arbitration agreement shall deem to have been concluded in writing even if it has been
effected by the exchange of letters, cables, telex messages or other means of
telecommunications capable of producing a written proof on the concluded agreement.
An arbitration agreement shall deem to have been concluded in writing also if it has been
effected by the exchange of the action alleging the existence of such agreement and the
defense plea not objecting to such allegation.
Article 462
An arbitration agreement shall deem to be concluded if an arbitration clause forms a part
of the general conditions governing the legal transaction.
96
Article 463
The number of arbitrators shall be odd.
If the arbitration agreement fails to specify the number of arbitrators, each party shall
choose one arbitrator, whereupon the chosen arbitrators shall appoint the third one who shall
preside the arbitration.
Article 464
If the parties have agreed to confer the jurisdiction over a certain dispute on the
arbitration, the court with which the action has been brought on that same dispute between
the same parties shall, upon a jurisdictional plea filed by a party, declare the lack of
jurisdiction, set aside the performed acts of procedure and reject the action.
The defendant may not bring the plea referred to in the first paragraph of the present
Article later than at the first main hearing even before becoming engaged in consideration of
the main subject of dispute.
Article 465
The party who is obliged to choose an arbitrator under the arbitration agreement may be
requested by the opposing party to do so within a term of fifteen days and to advise the
opposing party thereof.
The request made in pursuance of the first paragraph of the present Article shall only be
valid if the requesting party has chosen their own arbitrator and has advised the opposing
party accordingly.
If under the arbitration agreement a third person is to choose an arbitrator, each party may
send to such third person a request referred to in the second paragraph of the present
Article.
The person requested to choose an arbitrator shall be bound by his appointment from the
moment when the opponent or any other parties are advised thereof
Article 466
If an arbitrator is not chosen in time, and if the arbitration agreement contains no special
provision on this question, the arbitrator may, upon a motion by the party, be appointed by
the court.
If the appointed arbitrators cannot reach consensus as to the appointment of the
president, the president be may be appointed by the court following a motion of any
arbitrator.
The power to appoint an arbitrator and the president of arbitration shall be vested in the
court on the territory of which the arbitration is based.
No appeal shall be allowable against the decree of the court.
The party who does not wish to exercise their rights referred to in the first and second
paragraphs of the present Article may bring an action for annulment of the arbitration
agreement with the court competent to appoint arbitrators.
Article 467
In addition to the event referred to in Article 466 of the present Act, each party may bring
an action for annulment of the arbitration agreement;1. if within thirty days after receipt of the first request the parties fail to reach a consensus
on the arbitrator which is to be appointed by both of them;
2. if the person appointed designated as by the arbitration agreement is not prepared or
able to assume this function;
97
The action shall been decided upon by the court specified in the third paragraph of Article
466 of the present Act.
The court shall summon the parties to appear at the hearing to consider the action; the
court may pass a decision even in the event of non-appearance, provided however, that the
parties have been duly summoned.
Article 468
An arbitrator shall be bound to decree for his own disqualification upon the grounds
defined in Article 70 of the present Act. The disqualification of a judge may also be moved for
by the parties.
The party who has chosen an arbitrator by themselves or together with the opposing party
may challenge such arbitrator only when the ground for disqualification have occurred after
the appointment had been made, or after they had learnt of the ground for disqualification.
Unless otherwise has been agreed upon by the parties, the decision on disqualification
shall be passed by the court designated in Article 466 of the present Act.
Article 469
Unless otherwise agreed upon by the parties, the arbitrators shall conduct the arbitration
in a manner they consider fit and proper.
The arbitrators shall treat the parties on an equal basis and shall at all stages of the
proceedings enable them to state their opinions and make declarations on statements made
by the opposing party.
Article 470
The arbitration may not apply any compulsory measures nor impose punishment on
witnesses, parties and other persons participating in the proceedings.
The arbitration may request the court having territorial jurisdiction to provide legal aid
(Article 174) to produce specific pieces of evidence which cannot be produced before the
arbitration. The proceedings in the production of evidence shall be governed by the
provisions applying to the production of evidence by the requested judge.
Article 471
The arbitration may decide ex aequo et bono only if empowered by the parties.
Article 472
If the arbitration consist of more than one arbitrator, the arbitration award shall be
rendered by a majority vote, unless otherwise provided by the arbitration agreement.
If the majority cannot be reached, the arbitration shall notify the parties thereon.
Unless otherwise agreed upon in respect of the case under the second paragraph of the
preset Article, either party may bring an action for annulment of the arbitration agreement
with the court specified in the third paragraph of Article 466 of the present Act.
Article 473
The arbitration award shall contain a statement of reasons, except when otherwise agreed
upon by the parties.
The original and all copies of the arbitration award shall be signed by all arbitrators. The
arbitration award shall be valid also if one of the arbitrators refuses to sign if a majority of
arbitrators have signed it and put a not thereon stating that this arbiter has withheld his
signature.
98
Copies of the arbitration award shall be served upon the parties by medium of the court
specified in the third paragraph of Article 466 of the present Act. Standing arbitration shall
serve their awards by themselves.
Article 474
The original of the arbitration award and the proof of service shall be kept with the court
specified in the third paragraph of Article 466 of the present Act; if the award has been
rendered by a standing arbitration, it shall be kept therewith.
Article 475
As for the parties, the arbitration shall have the same effect as of a final judgment, unless
the parties have agreed that it may be contested before an arbitration of second instance.
Upon a motion by party, the court specified in the third paragraph of Article 466 of the
present Act shall put an imprint on a copy of the arbitration award certifying the same to be
final and enforceable. Standing arbitration shall certify the finality and enforceability of their
awards by themselves.
Article 476
A party may bring an action for annulment of the arbitration award.
The action shall been decided upon by the court specified in the third paragraph of Article
466 of the present Act.
Article 477
The action for annulment of the arbitration award may be brought:1. if the arbitration agreement has not been concluded or if it is null and void (Articles 460
to 462);
2. if any provision of the present Act or of the arbitration agreement regarding the
composition of the arbitration and the rendition of the award has been violated;
3. if an arbitrator has participated in the rendition of arbitration award, who should have
been disqualified pursuant to provisions the present Act or who has been excluded by a
decree of the court (Article 468);
4. if for any unlawful proceeding, particularly in respect of the service of process, a party
has been denied the opportunity to be heard before arbitration;
5. if a person incapable to sue has participated in the proceedings as a plaintiff or
defendant, or if as a party to the proceedings a legal person has not been represented by a
person authorised to represent it under the statute, or if a person incapable to litigate has not
been represented by a statutory representative or if the latter has not been in possession of
a permit necessary for litigation or a particular act of procedure, or if a party has not been
represented by an attorney in accordance with the provisions of the present Act or if the
attorney has not been in possession of power, save when the litigation or particular acts of
procedure have been approved subsequently;
6. if the arbitration award fails to contain a statement of reason as specified by the first
paragraph of Article 473 of the present Act, or if the original and copies thereof are not
signed in accordance with the second paragraph of Article 473 of the present Act;
7. if the arbitration has transgressed the limits of its power;
8. If the sentence of the award is incomprehensible or self-contradictory;
9. if the arbitration is contrary with the public order of the Republic of Slovenia;
10. if the arbitration award has been rendered due to a criminal offence of an arbitrator, a
party’s statutory representative or attorney, the opposing party, or of any other person
99
participating in the arbitration proceedings, or based upon a forged document or upon a
document certifying false facts.
Article 478
The action for annulment of the arbitration award shall be filed with the court of competent
jurisdiction within a term of thirty days. If annulment is sought for any of the reasons referred
to in clauses 1 to 9 of Article 477 of the present Act, this period shall start running on the day
the award has been served upon a party, while if a party has come to know about the ground
for annulment only at a later time, it shall start running on the day on when the party has
come to know about the ground for annulment. If annulment is sought pursuant to clause 10
of Article 477 of the present Act, this period shall start running on the day on when the party
has been rendered the opportunity to use a final judgment of the competent court.
The action for annulment of arbitration may not be filed after one year has passed since
the finality of the award.
Article 479
The parties may not agree to disregard the provisions of the first and second paragraphs
of Article 468, the second paragraph of Article 469 and Articles 476 to 478 hereof.
Chapter Thirty-Two
PROCEEDINGS IN COMMERCIAL LITIGATIONS
Applicability
Article 480
Commercial litigations shall be subject to the provisions of the present Act except where
otherwise provided by special rules contained in the present Chapter
Article 481
The rules on the proceedings in commercial litigation shall apply:1. to disputes in which both parties are one of the following: a commercial company, an
institute (inclusive of the public institutes), a cooperative society, the state or a local
community;
2. to disputes arising out of the mutual legal transactions among sole proprietors effected
within the scope of their profit-making activity, and to disputes arising out of the legal
transactions effected between sole proprietors performing their profit-making activity and the
persons referred to in the preceding clause.
Without prejudice to the provisions of the first paragraph of the present Article, the rules on
the proceedings in commercial litigation shall no apply to disputes on property rights in
movable and immovable property and to disputes for disturbance of possession.
Article 482
The rules on the proceedings in commercial litigation shall also apply:1. to disputes among partners, disputes between partners and commercial companies,
disputes between commercial companies and members of their bodies of management, in
accordance with the law on commercial companies;
2. to disputes among founders of institutes (inclusive of the public institutes) arising out of
their mutual legal relations in respect of foundation, changes in constitution, and liquidation,
of institutes;
100
3. to disputes among members of cooperative societies, disputes between cooperative
societies and members thereof, and disputes between cooperative societies and members of
their bodies of management, in accordance with law on cooperative societies.
The rules on the proceedings in commercial litigation shall also apply to disputes between
the persons referred to in Article 481 and in clauses 1 to 3 of the first paragraph of the
present Article on one side, and the government bodies and other statutory authorities,
acting as parties pursuant to a special statute, on the other.
Article 483
The rules on the proceedings in commercial litigation shall also apply:1. to disputes relating to ships and seafaring and to disputes subject to maritime law
(maritime disputes), except the disputes on the transfer of passengers;
2. to disputes arising out of entries in the court register;
3. to disputes arising out of contracts on concession;
4. to actions for annulment of an arbitration agreement, and actions for annulment of an
arbitration award when the such award has been issued in a dispute subject to rules on
commercial litigation;
5. to disputes arising out of copyright or relating to the protection and use of inventions
and marks of distinctiveness or to the right to use a company title, and disputes relating to
the protection of competition;
6. in disputes arising from bankruptcy proceedings.
Article 484
The rules on governing the proceedings in commercial litigation shall also apply when in
addition to persons referred to in the first paragraph of Article 481 of the present Act the
dispute also involves other persons as co-litigants pursuant to clause 1 of the first paragraph
of Article 191 of the present Act.
Jurisdiction and Composition of the Court
Article 485
In litigations concerning the determination of existence or non-existence of a contract, or
the performance of contractual obligation or cancellation of a contract, or the right to
indemnification due to non-performance of a contractual obligation, the territorial jurisdiction
shall be vested, in addition to the court of general jurisdiction, also to the court on the
territory of which the defendant should have rendered the performance stipulated by the
contract.
Article 486
(Deleted)
Preparations for Main Hearing
Article 487
Without prejudice to the provision of Article 276 of the present Act, in emergency cases
the court may fix the hearing immediately after the preliminary examination of action.
In emergency cases, the court shall have the right to fix the hearing by way of telephone,
telegraph or other means of telecommunications.
Article 488
101
When after the receipt of the defense plea the court establishes that the state of facts is
not disputed between the parties, and that no other obstacles hinder the rendition of a
decision, it may render the decision without having fixed a hearing.
Article 489
When the court has rendered a decision in pursuance of Article 488, the refunding of the
costs of proceedings may moved for within fifteen days after the service of the judgment has
been effected.
Means of Judicial Review
Article 490
In commercial litigations a revision may not be admissible unless the amount in dispute
with respect to the contested part of the final judgment exceeds 5.000,000 tolars.
Other Provisions
Article 491
If upon a mutual agreement the parties move for the hearing to be adjourned for an
attempt of settlement, the court shall grant to such motion and inform the parties forthwith on
the day and the hour of the new hearing session.
Article 492
The proceedings in commercial litigation shall not be subject to stay.
If none of the parties appear at the first or any subsequent main hearing session, the court
shall adjourn the hearing; if both of them fail to appear also at the next hearing session, the
plaintiff shall deem to have withdrawn the action.
Article 493
(Deleted)
Article 494
In commercial litigation, the parties may not produce oral statements to be made on the
record out of hearing.
The documents on the basis of which a payment order is issued pursuant to Article 431 of
the present Act may need not be submitted in the original, nor in a form of an authenticated
copy. Instead, a copy of such document certified by the authorised body of the legal person
is sufficient.
The proceedings in commercial litigation shall not be subject to the provisions of Article
432 of the present Act.
Article 495
In commercial litigations, small claims shall be deemed to comprise any claim wherein the
amount in dispute does not exceed 500,000 tolars.
Small claims litigations shall also involve disputes on non-monetary claims in respect of
which the plaintiff has declared his willingness to accept, instead of satisfaction the claim, a
sum of money which does not exceed the amount as referred to in the firat paragraph of this
Article (first paragraph of Article 44).
102
Small claims disputes shall also include disputes where there is no monetary claim but a
claim for delivery of movable property whose value stated in dispute by the defendant does
not exceed the amount as referred to in the first paragraph of this Article (second paragraph
of Article 44).
Article 496
In the proceedings in commercial litigation and in the proceedings to issue a payment
order, the statement of ground for the judgment shall contain only the indication of the claims
and the facts upon which the latter are based, a legal warning on the right of appeal, and a
note that, when reduced to writing, the judgment will contain the statement of ground
referred to in the fourth paragraph of Article 324 of the present Act only if a party announces
an appeal.
Judgments shall be reduced to writing within eight days after they have been rendered.
The party shall announce the appeal within eight days from the receipt of the judgment as
referred to in the first paragraph of this Article.
If a party has announced the appeal within the time period under the preceding paragraph,
they may take appeal from a judgment containing a statement of ground under the fourth
paragraph of Article 324 of the present Act. The time period for the appeal shall start running
on the day of the service of a copy of the judgment.
The judgment from the preceding paragraph shall be made in writing within fifteen days
from the submission of the receipt on the payment of court fee for appeal under Article 497
hereof.
The party who has announced the appeal may withdraw the announcement until a
judgment containing a statement of ground under the fourth paragraph of Article 324 of the
present Act has been served upon them. The withdrawal of the announcement of appeal
may not be revoked.
The judgment may be attacked only by the party who has announced the appeal.
In the case where only one party has announced the appeal, a judgment containing a
statement of ground under the fourth paragraph of Article 324 of the present Act shall also
be served on the opposing party.
Article 497
The judgment referred in the first paragraph of Article 496 shall be subject to payment of a
court fee.
The liability to pay the court fee shall come into effect upon the announcement of appeal.
The Civil Procedure Act –ZPP (Uradni list RS, No. 26/99) shall include the following
transitional and final provisions:
Part Four
TRANSITIONAL AND FINAL PROVISIONS
Article 498
If prior to entry into force of the present Act a judgment or a decree has been rendered in
the first instance by which the proceedings of first instance have been ended, the
proceedings shall continue pursuant to provisions valid prior to entry into force of the present
Act.
If after entry into force of the present Act the judgment or decree referred to in the first
paragraph is set aside, the proceedings shall continue pursuant to the provisions of the
present Act.
103
Article 499
If an action has been lodged prior to entry into force of the present Act, the proceedings in
such action shall be governed by the provisions of the third and fourth paragraphs of Article
86 and of Articles 87, 88, 89, 90 and 91.
If an action has been served upon the defendant prior to entry into force of the present
Act, the proceedings therewith shall not be subject to Article 318; instead, the provisions
valid prior to entry into force of the present Act shall define the conditions for rendition of a
default judgment.
If prior to entry into force of the present Act the first hearing has already been carried out,
the parties may state new facts, adduce new evidence and produce opinion regarding the
facts and evidence presented by the opposing party at the first main hearing session
conducted after entry into force of the present Act, at the latest.
Article 500
When conducting the proceedings, the labour and social courts shall sit in panels.
If the plaintiff is an employee, the territorial jurisdiction shall be vested, in addition to the
court of general jurisdiction, also to the court on the territory of which the work has been
done and/or the court on the territory of which the work should have been done and also to
the court on the territory of which the employment has been entered.
Article 501
On the day the present Act comes into force, the provisions of Articles 66 in 67, Articles 72
to 77, the fourth paragraph of Article 78 and Articles 100 and 101 of the Marriage and Family
Relations Act (Uradni list RS, No. 15/76, 1/89, 14/89); the provisions of Articles 38 and 39 of
the Courts of Self-Management Act (Uradni list SRS, Nos. 10/77, 23/81, 4/82); and of
clauses 1 and 2/II of Article 99 and clauses 1, 2, 3/II of Article 101 of the Courts Act (Uradni
list RS, Nos. 19/94, 45/95), shall cease to be valid.
On the day the present Act comes into force, the Civil Procedure Act (Uradni list SFRY,
Nos. 4/77, 36/77, – corr., 36/80, 69/82, 58/84, 74/87, 14/88 – corr., 57/89, 20/90 and 27/90)
shall cease to be applicable in the Republic of Slovenia.
Article 502
The Minister of Justice shall enact the regulation referred to in the fourth paragraph of
Article 132 of the present Act within three months of the day the Act comes into force.
Article 503
The present Act shall come into force on the ninetieth day after its publication in the
Uradni list RS.
The Act Amending the Civil procedure Act – ZPP-A (Uradni list RS No. 96/02)
comprises the following transitional and final provisions:
TRANSITIONAL AND FINAL PROVISIONS
Article 34
The minister responsible for justice shall issue an implementing regulation referred to in
Article 8 of this Act within three months after the entry into force of this Act.
Article 35
104
If an action has been lodged prior to the entry into force of the present Act, the
proceedings therewith shall be subject to the provisions of Article 14 of this Act, if until its
entry into force the first main hearing has not been called yet.
The provision of Article 17 of this Act shall not apply if the action has been brought before
its entry into force.
Article 36
This Act shall enter into force on the fifteenth day following its publication in the Uradni list
Republike Slovenije.
The Act Amending the Civil procedure Act – ZPP-B (Uradni list RS No. 2/04) comprises
the following transitional and final provisions:
TRANSITIONAL AND FINAL PROVISIONS
Article 15
Proceedings in disputes relating to maintenance obligations started since the application
of the provisions of Article 16 of this Act shall be completed before the local courts in
accordance with the previous Act.
If a decision at the first instance in a matter referred to in the preceding paragraph will be
annulled after Articles 1 and 2 of this Act become applicable, the procedure shall be
continued under this Act in a district court.
Local courts shall assign ex officio the matters from the preceding paragraph to the district
courts. A record on the assignment of matters shall be drawn up and signed by the president
of the court which assigns the matter and the president of the court which the matter is
assigned to.
Article 16
The provisions of Articles 1, 2, 8, 9, 10, 11, 12 and 13 of this Act shall become applicable
on 1 May 2004.
Article 17
This Act shall enter into force on the fifteenth day following its publication in the Uradni list
Republike Slovenije.
105