Area: Pravosodje
Competent authority: MP
EZU URL: .nan
Initiative ID: 262
Initiative accepted and completed: '2014-01-08'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-12-04'
Initiative published: '2013-12-04'
Initiative submitted: '2013-12-04'
Response from the competent authority: 'Answer from the Ministry of Justice: Enforcement
  on the basis of an authentic instrument, which is familiar under Slovenian law,
  is (also in comparative legal terms) an advantage for the creditor, as it constitutes
  a fast and efficient enforcement procedure in the case of uncontested claims. The
  court does not assess the merits of the claim, but the enforcement order is issued
  automatically within a few days. If the debtor does not object to the enforcement
  order (which he must of course have the right to do, since his objection may be
  well-founded), this system is very advantageous for the creditor, since he can quickly
  and easily recover his claim, provided of course that the debtor has the means.
  It is therefore a "shortcut" to enforcement in the case of uncontested claims, since
  otherwise, even in cases where the creditor has a credible document, he would first
  have to obtain an enforcement order on the basis of which he could only apply for
  enforcement, and in the case of enforcement on the basis of a credible document,
  the two stages are combined. If the debtor objects to the order for enforcement
  on the basis of a reasoned statement of objections, it is for the court seised to
  rule on the matter. The proposal that the enforcement court itself should finally
  decide on the merits of the objection to the order for enforcement on the basis
  of a authentic instrument is legally and systemically problematic, since the enforcement
  procedure is intended to realise the creditor''s claim and not to determine its
  merits.'
Text file: 262.txt
Title: Enforcement of debtors
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=262
