Area: Pravosodje
Competent authority: MP
EZU URL: .nan
Initiative ID: 128
Initiative accepted and completed: '2013-07-08'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-06-05'
Initiative published: '2013-06-05'
Initiative submitted: '2013-06-03'
Response from the competent authority: 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. also
  any natural or legal person, to draw up and file a land registration proposal in
  electronic form. The party must first (only) provide himself with a secure electronic
  mailbox (which is usually free of charge for natural persons) and a secure electronic
  certificate (the so-called "SIGENCO", which he applies for free of charge at the
  administrative unit). Once these requirements have been obtained, the client may
  deal with the courts electronically, of course only in those proceedings which are
  already properly computerised (in addition to land registry proceedings, this includes
  insolvency and enforcement proceedings). The only land registry application that
  the client must file through a notary is an application for registration of a notarial
  order and an application for pre-registration or registration in the notarial order.
  Therefore, a land registry application for the cancellation of a mortgage may be
  filed by the party independently, but may be filed electronically or by channel.
  However, in case the land registration application for mortgage cancellation is
  based on a cancellation set-off, i.e. a private document, the ZZK-1 provides for
  a specific procedure or rules for the conversion and safekeeping of such private
  document. The latter is necessary due to the express provision of Article 194 ZZK-1,
  which provides that a document converted into electronic form has the same evidentiary
  value as its physical source. The physical collection of documents has been replaced
  by an electronic one with the computerisation of the Land Register. The ZZK-1 therefore
  provides that such private deed may be converted into electronic form and kept for
  the client by a notary public until the proposed registration becomes final. Allowing
  all natural and legal persons to independently convert the private documents that
  are the basis for registration could seriously undermine legal certainty and confidence
  in the Land Register. In the latter case, it cannot be guaranteed that the physical
  source is identical to the electronically converted document, or that there is no
  public law entity to guarantee its authenticity.Therefore, Article 142(8) of the
  Land Registration Act-1 expressly provides that within three working days after
  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 the conversion of deeds lies in his/her special
  status (as a 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 deeds 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 bank may provide the client with
  one private document (multiple mortgage cancellation set-off), which constitutes
  the cancellation set-off for all mortgages created to secure its claims (credits),
  and you will only be charged a one-off fee for the conversion of this document,
  which the notary will attach to all cancellation applications filed. An exception
  to the mandatory electronic filing of land registration applications is provided
  for in Article 125a(13) of the Land Registration Act-1, namely that a party may
  file a land registration application directly with the court on a record and request
  the court to convert the documents underlying the registration into electronic form
  at the same time. However, under the current regime, it is only permissible to file
  a land registration application for the registration of a property right in one's
  own favour in this way. In this case, the additional action of the court is also
  subject to an additional cost and a burden for the party in the amount of 20% of
  the surcharge of the court fee for the proposed registration, and in the latter
  case, the party must file such an application with the court where the immovable
  property is situated.
Text file: 128.txt
Title: Notarised set-off note
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=128
