Area: Pravosodje
Competent authority: MP
EZU URL: .nan
Initiative ID: 289
Initiative accepted and completed: '2014-02-11'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2014-02-05'
Initiative published: '2014-02-05'
Initiative submitted: '2014-02-04'
Response from the competent authority: 'Answer from the Ministry of Justice: In enforcement
  proceedings, the court seizes the debtor''s property on the creditor''s motion.
  Given that this is a serious interference, it is very important that the court correctly
  identifies the debtor, and for this purpose it needs more personal data than just
  the address and name of the debtor. In practice, there are also cases where two
  persons have the same personal name and residential address (e.g. father and son).
  The court also needs identification data in order to be able to use information
  technology to identify the assets of the debtor. The Law on Enforcement and Security
  (E&S) provides that the creditor must specify the debtor''s identification data
  referred to in Article 16a of the Law in the application for enforcement (Articles
  40, 41 and 41a of the E&S). According to Article 16a of the IAA, the identification
  data of a debtor who is a natural person are:1. his/her personal name and residential
  address, and2. his/her date of birth or his/her VAT or tax identification number
  or other identical identifier or other relevant identification data.The creditor
  must therefore indicate in the enforcement application the debtor''s personal name
  and residential address and one of the data referred to in point 2. If the creditor
  does not have the information referred to in point 2, he has the possibility to
  obtain that information under Article 4 of the IRL by showing a legal interest by
  means of a document constituting the instrument permitting enforcement. The administrator
  is obliged to provide the creditor with the information within eight days at the
  latest. Given that in the authentic instrument enforcement procedure the creditor
  does not yet have the enforcement title at the time of filing the application for
  enforcement, his position is facilitated by Article 41(3) of the CCL, according
  to which he does not have to provide this information in the authentic instrument
  enforcement application if the court, upon checking the electronically accessible
  records, is able to identify the debtor unambiguously on the basis of the other
  identifying information referred to in Article 16a(1) of the present Act and contained
  in the application for enforcement. In the light of the above, the petition is not
  admissible.'
Text file: 289.txt
Title: Supplementing the subject-matter for enforcement
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=289
