Area: Pravosodje
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 112
Initiative accepted and completed: '2013-05-09'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-04-24'
Initiative published: '2013-03-20'
Initiative submitted: '2013-03-20'
Response from the competent authority: 'Answer from the Ministry of Justice: you have
  submitted a petition to the minus25% portal regarding the procedure for the deletion
  of a mortgage from the Land Register. We would like to clarify that the Land Register
  Act (Official Gazette of the Republic of Slovenia No. 58/2003 et seq.), Article
  125a of the Land Registration Act (hereinafter referred to as the "Land Registration
  Act") allows anyone, i.e. any natural or legal person, to draw up and file a land
  registration proposal in electronic form. The party only needs to secure a secure
  electronic mailbox (which is usually free of charge for natural persons) and a secure
  electronic certificate (the so-called "SIGENCO", which he/she can apply for free
  of charge at the administrative unit) beforehand. Once these requirements have been
  obtained, the party may deal with the court electronically, of course only in those
  proceedings which are already properly computerised (in addition to the land registry
  proceedings, these are insolvency and enforcement proceedings). The only land registry
  application which the party must file through a notary is the application for registration
  of the endorsement of the order and the application for pre-entry or entry in the
  endorsed order. Therefore, a land registry application for the cancellation of a
  mortgage may be filed by the party himself in electronic form. However, in the event
  that the application for the cancellation of a mortgage is based on a cancellation
  set-off, which is a private document, the law provides for a specific treatment
  or conversion and preservation of such document. Due to the express provision of
  Article 194 ZZK-1, which states that a document converted into electronic form shall
  have the same evidentiary value as its physical source, ZZK-1 provides that such
  private document may only be accepted by a notary public for the party to be converted
  into electronic form and preserved. Allowing all persons to independently convert
  the documents that are the basis for registration could seriously undermine legal
  certainty and trust in the Land Register through abuses. Therefore, Article 142(8)
  of the Land Registration Act-1 expressly provides that, within three working days
  of the filing of a land registration proposal, the party must deliver these documents
  to the notary and inform the notary of the case number of the land registration
  proceedings initiated by the filing of this proposal. The reason for designating
  a notary as a qualified person for conversion lies in his special status (person
  of public trust) and the fact that the network of notaries is considerably more
  extensive (and thus closer to the clients) than the network of district courts.
  The notarial fee for the conversion of private documents into electronic form is
  EUR 30 (including VAT) and the client is not charged any court fees when applying
  for the cancellation of a mortgage. The requirement of a land registration permit,
  which is the basis for the cancellation of a registered mortgage, is based on the
  general rule laid down in Article 23 of the CCL, which provides that a land registration
  permit (intabulation clause) is an express, unconditional declaration by the person
  whose right is being transferred, modified, encumbered or terminated that he authorises
  the registration of the mortgage in the land register. The signature on the land
  registration permit must be authenticated. Thus, as for the creation or transfer
  of a right in rem, the declaration of the person who disposes of the right (i.e.
  either creates or terminates it) must be unequivocal and the fact that the declaration
  is signed by the person on the land registration permit must be certified by a notary
  public, so that the land registration permit has the nature of a public document
  in this respect. In principle, the cost of the notarial fee for the notarisation
  of the cancellation offset is borne by the person who consents. We agree with you
  that the scope of the notary''s tasks in notarising an expungement set-off is less
  than the scope of the tasks that the notary has to perform in notarising a land
  registration permit, which, for example, transfers a right of ownership. We will
  therefore take this fact into account in the event of any future amendment of the
  notarial tariff.Your proposal that the applicant should not be required to attach
  any document to the cancellation of a mortgage would be contrary to a general rule
  of property law concerning the disposal of rights in rem, and also contrary to the
  fundamental principles of land registration procedure, which are the need for a
  written procedure and the need for speed of decision-making procedures.The proposal
  would be contrary to the general rule of property law concerning the disposal of
  rights in rem. In land registration proceedings, decisions are taken only on the
  basis of the attached documents. The court decides only on the basis of the documents
  which may form the basis for the proposed registration. The ZZK-1 provides for a
  procedure similar to the one you propose in the case of the cancellation of old
  mortgages (see Articles 206 to 212 of the ZZK-1), i.e. that the applicant does not
  need to submit a cancellation set-off. However, the purpose of this procedure is
  different (namely, it is a procedure for the cancellation of old mortgages, mortgages
  whose claim has been due for more than 10 years, which means that the mortgage has
  already been extinguished as a matter of substantive law) and the applicant has
  to prove different facts.'
Text file: 112.txt
Title: eJustice portal
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=112
