Area: Pravosodje
Competent authority: MF, MP
EZU URL: .nan
Initiative ID: 578
Initiative accepted and completed: '2015-07-02'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-05-29'
Initiative published: '2015-05-29'
Initiative submitted: '2015-05-24'
Response from the competent authority: "Answer from the Ministry of Justice:The Law\
  \ on Enforcement and Insurance (LEE), which regulates enforcement on the basis of\
  \ a court order, provides that the seizure of movable property entered in the Register\
  \ of Unsecured Pledges and Seized Movable Property (the Register) is effected by\
  \ entering the enforcement order in the Register of Unsecured Pledges and Seized\
  \ Movable Property (the Register). The debtor is prohibited from disposing of the\
  \ attached property (Article 86 of the ZIZ), i.e. he may not sell the property himself.\
  \ The sale of the item is carried out by the executor at a public auction or by\
  \ a direct contract between the purchaser and the executor, or through a person\
  \ acting as a commission agent (Art. 93 of the ZIZ). The ZIZ does not provide a\
  \ basis for prohibiting the registration of the garnishee's property, but such a\
  \ regulation is provided for in the Tax Procedure Act, which regulates tax execution\
  \ and in the third paragraph of Article 186 of the Law on Tax Enforcement (Art.\
  \ 186). Article 3(2) provides that where a motor vehicle or a trailer is seized,\
  \ the vehicle may not be used, registered or the vehicle licence may not be renewed\
  \ until the seizure expires, except with the permission of the tax authority.\r\n\
  The creditor may only request the seizure and valuation of the movable property\
  \ in the application for enforcement, but in that case he must propose the sale\
  \ of the property within three months of the date of seizure and valuation, otherwise\
  \ the court shall stay enforcement (Article 81(3) of the ZIZ). Article 92 of the\
  \ ZIZ provides that the sale of the seized property must be effected within three\
  \ months of the seizure. At least fifteen days must elapse between the date of the\
  \ seizure and the date of the sale, and in the case referred to in Article 81(3),\
  \ the sale must be effected within three months of the date on which the creditor\
  \ proposed the sale of the thing.\r\nThe manner in which garnishees are to be kept\
  \ is laid down in the Rules on the performance of the office of bailiff (Articles\
  \ 65 to 69). They may be kept with the bailiff, the creditor, the debtor or another\
  \ person, depending on the circumstances of the case.\r\nA party to the proceedings\
  \ may, by application, request the court to rectify an irregularity committed by\
  \ the enforcement officer or another person involved in the proceedings in the performance\
  \ of the enforcement (Article 52 of the ZIZ).\r\nIf the enforcement officer infringes\
  \ the provisions of the ZIZ or other regulations, he or she is liable to disciplinary\
  \ action. The debtor may propose to the Ministry of Justice that disciplinary proceedings\
  \ be initiated against the enforcement agent (Article 298a of the IAA)."
Text file: 578.txt
Title: Creditor's claim
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=578
