FORCE MAJEURE AND EPIDEMIC
INTERESTING PRACTICE, June 2020
In contractual relations, there is effective the rule that the parties must fulfil their contractual obligations. However, this may not be possible for reasons beyond the control of the parties – due to force majeure. If the contract does not specify what the parties consider to be force majeure, the law that otherwise applies in the given case shall apply. Slovenian law (Code of Obligations) does not define force majeure, and case-law interprets it very restrictively. In commercial contracts, especially international ones, the use of a force majeure clause is common. (Force Majeure). Therefore, in the case of a reference to force majeure, it is necessary in each case to look separately at the contractual provision regarding force majeure. As a tool in drafting a force majeure contract clause, the model as proposed by the International Chamber of Commerce (ICC) is very welcome. It was COVID 19 that prompted this chamber to draw up a new model of contractual clause so that, even in the event of an epidemic, customers could automatically invoke force majeure. https://iccwbo.org/content/uploads/sites/3/2020/03/icc-forcemajeure-hardship-clauses-march2020.pdf. The use of this model clause is also recommended in non-international contracts, especially in the case of a project, a long-term investment.
Execution, Debt recovery through judicial proceedings
LECTURE, April 2019
The expert seminar organised by the Finance Business Academy will take place on 24 April 2019 at 9 am in Ljubljana, the CPU premises
Details of the seminar: https://akademija.finance.si/seminar/1563/Izvrsba%3B-Izterjava-dolga-po-sodni-poti
When and how to withdraw from a contract to make the withdrawal price as low as possible?
LECTURE, August 2017
The expert seminar organised by the Finance Business Academy will take place on 26 September 2017 at 9 am in Ljubljana, the CPU premises
Details of the seminar
WATER SPILL FROM THE ADJACENT APARTMENT – IT IS NOT IRRELEVANT WHO TO SUE FOR DAMAGES
INTERESTING PRACTICE, June 2017
When damage is caused by for example, a water spill from the adjacent apartment it is not irrelevant who you sue for damages. In the Decision No II Ips 341/2016 of 2/3/2017, http://sodnapraksa.si/?q=II%20Ips%20341/2016%20&database[SOVS]=SOVS&database[IESP]=IESP&database[VDSS]=VDSS&database[UPRS]=UPRS&database[SOSC]=SOSC&database[SOPM]=SOPM&_submit=i%C5%A1%C4%8Di&rowsPerPage=20&page=0&id=2015081111406110, the Supreme Court of the Republic of Slovenia has explained the falseness of the position which states that a legal capacity to act as defendant should be established according to the Article 16 of the Housing Act (which provides for a fault-based liability) and that the damage is the responsibility of the land-registry owner (as the right to property is obtained only after the completion of entry). The Court has drawn the attention to the use of Article 159 of Slovenian Code of Obligations, which provides for specific cases of a non-business financial liability. In case of a water spill, the application of general provisions regarding fault-based or objective financial liability does not apply. The same was established in the Supreme Court of the Republic of Slovenia Decision No. II Ips 108/2013 of 19/3/2015 http://sodnapraksa.si/?q=II%20Ips%20108/2013.&database[SOVS]=SOVS&database[IESP]=IESP&database[VDSS]=VDSS&database[UPRS]=UPRS&database[SOSC]=SOSC&database[SOPM]=SOPM&_submit=i%C5%A1%C4%8Di&rowsPerPage=20&page=0&id=2012032113077903.
What are the pitfalls of property enforcement proceedings?
ARTICLE, November 2016
Property should be good and reliable collateral for creditors and a favourable means securing the debtor's receivables. Yet, is it really so? Answers to this and other questions regarding the enforcement against immovable properties can be found in the article published in the Finance Business Academy (Finance newspaper) at:
http://akademija.finance.si/8850726/Kaksne-so-pasti-nepremicnin-v-postopkih-izvrsbe
What is the significance of the wave of replacement of apartment building managers in Celje?
ARTICLE, September 2016
The Novi tednik newspaper covered an interesting topic on apartment building managers. Some highlights are available at this link: http://www.nt-rc.si/radio-celje/kaj-pomeni-val-menjave-upravnikov-vecstanovanjskih-stavb-v-celju/; you can read more in the printed version of the Novi tednik newspaper from 8 September 2016.
EXISTENCE OF PROPERTY IS NOT AN ESSENTIAL AND NECESSARY CONDITION FOR THE PARTY'S STATUS TO BE ACKNOWLEDGED
INTERESTING PRACTICE, April 2016
In non-contentious proceedings the court decided that the community of condominium owners was acknowledged the status of a party. In the grounds of its decision it stressed that the law referred to the existence of the property that may be subject to enforcement only as an example and that this was not an essential and necessary condition. An essential condition is the sustainability and viability of the community, as it is related to condominium ownership. As long as real property is divided into condominium property, the community of co-owners exists.
Decision VSL I Cp 2371/2015 dated 2 December 2015 (also available at: http://sodnapraksa.si/ )
RESPONSIBILITY OF THE ADMINISTRATIVE BODY FOR DAMAGES
INTERESTING PRACTICE, June 2015
For a damage caused by construction interventions carried out on the basis of administrative decisions the administrative body shall only be kept responsible if it is proved that it has acted unlawfully. That it may be complained about, there must be given a so-called qualified degree of incorrectness (which does not mean every error of substantive law application or procedural irregularity ...). More in the decision of the Supreme Court of the RS II Ips 249/2013; accessible at the link.