Text file: 9318.txt
author: "Bev\u010Dan"
downvotes: 1
end consideration date: 2018-08-09
id: '9318'
number comments: 1
number views: 5449
proposal type: Competent authority response
response: "Response from the Ministry of Justice\nWe would like to clarify at the\
  \ outset that the court fee is a partial payment of the costs of the work of the\
  \ courts. Accordingly, the Court Fees Act (CJA-1) prescribes a court fee for each\
  \ proceeding, which in most cases is determined by taking into account the complexity\
  \ and volume of work that the court has to undertake in a particular proceeding.\
  \ Thus, court fees are prescribed separately for inheritance proceedings and for\
  \ land registration proceedings, which are relevant in the context of the issues\
  \ described above.\nIt can be seen from the proposal under consideration that the\
  \ applicant is primarily referring to the issue of the court fee for the registration\
  \ of the heir's right of ownership in the land register. In this respect, it is\
  \ clarified that according to point 6 of footnote 9.10 c) of the ZST-1 fee schedule,\
  \ no fee is payable for an entry in the land register made on the basis of a decision\
  \ on succession. The above fee exemption applies to all entries made on the basis\
  \ of a succession order, i.e. also in the case of succession of one spouse through\
  \ the other or of children through their parents and vice versa.\nFor the sake of\
  \ completeness, we would like to add that, independently of the (possible) court\
  \ fee for the land registry procedure, a court fee is payable for the succession\
  \ procedure, which ends with the decision on succession, which is only a condition\
  \ for the registration of the heirs' right of ownership in the land register. The\
  \ succession fee is paid according to the value of the estate and partially reimburses\
  \ the costs of the court's work in the succession proceedings. This fee is in no\
  \ way related to the land registration fee, which is paid separately as remuneration\
  \ for the work carried out by the court in the land registration proceedings. As\
  \ stated above, in the case of registration on the basis of a decision on succession,\
  \ no land registration fee is payable.\nOn the basis of the foregoing, we consider\
  \ that the current regime on the subject does not entail double charging and is\
  \ therefore appropriate.\n "
response date: 2018-09-25
response due date: null
sent date: 2018-07-19
title: Abolition of the court fee for 1st knee successions
upvotes: 34
url: https://predlagam.vladi.si/predlog/9318
