Area: Pravosodje
Competent authority: MP
EZU URL: .nan
Initiative ID: 449
Initiative accepted and completed: '2015-02-03'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-01-09'
Initiative published: '2015-01-09'
Initiative submitted: '2015-01-05'
Response from the competent authority: Response from the Ministry of Justice:Land
  registration is a judicial procedure. It is a special non-judicial procedure in
  which the court decides on the merits of an entry in the Land Register on the basis
  of a land registration application and the accompanying documents. Only when the
  land is registered in the Land Register does the owner acquire full ownership rights
  and can assert them against third parties. Article 49 of the Civil Code (CCL) provides
  that the acquisition of ownership of immovable property by means of a legal transaction
  requires registration in the Land Register. The decision and assessment of whether
  the conditions for entry in the Land Register are met constitutes a decision on
  the acquisition, modification or termination of a right and therefore falls within
  the scope of judicial decision-making.  Of course, the notary has a special role
  in land registration proceedings due to his/her special constitutional status. In
  land registration proceedings, as in registration proceedings, the notary is not
  only one of the possible representatives of the parties, but also, due to his/her
  function and competence, has (also) the character of an entry point (e-VEM point).
  For the sake of rationality and simplification of the procedure, certain tasks and
  competences are also imposed on notaries (verification of payment of taxes, of public
  law restrictions on the turnover of immovable property, and the electronic conversion
  and storage of private documents), while the substantive decision on registration
  is a matter for the court. As a result of the abolition of territorial jurisdiction
  in land registration proceedings, the land registration application is not decided
  by the court with which the application was lodged, but by the court which has the
  smallest number of cases pending at the time the application is lodged, which results
  in a shorter time for the resolution of the case, or ensures that the cases are
  resolved evenly over time. This means that land registration applications filed
  by the same notary may also be decided by different courts. With regard to the specific
  case of the deletion of an easement highlighted, the Ministry of Justice is not
  allowed to comment on specific actions and give answers to specific legal questions,
  as this would constitute an interference with the constitutional principle of separation
  of powers and the independence and autonomy of the judicial branch of government
  (3. The interpretation and application of legal provisions in concrete cases is
  entrusted to the judiciary and other state authorities, which decide in concrete
  cases. If the parties to the proceedings disagree with the decision of the court
  of first instance, they have, of course, ordinary and extraordinary remedies available
  to them in accordance with the procedural rules, but if they consider that the court
  is unnecessarily delaying its decision, they have remedies available to them under
  the Act on the Protection of the Right to a Trial without Undue Delay (Official
  Gazette of the Republic of Slovenia, no. With regard to the current normative regulation
  of this issue, it may be clarified that Article 241 of the CPL provides that the
  usufruct shall terminate upon expiry of time, termination of the usufructuary, or
  upon the death or cessation of the usufructuary. A waiver is a unilateral declaration
  by the usufructuary that he waives his right. If the subject of the usufruct is
  immovable property, the usufruct shall terminate upon its deletion from the land
  register. Therefore, a unilateral declaration by the usufructuary is sufficient
  to extinguish the usufruct.
Text file: 449.txt
Title: Deletion of an easement
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=449
