Area: Pravosodje
Competent authority: MP
EZU URL: .nan
Initiative ID: 722
Initiative accepted and completed: '2016-05-09'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-12-30'
Initiative published: '2015-12-30'
Initiative submitted: '2015-12-22'
Response from the competent authority: Response of the Ministry of Justice:The procedure
  for entering immovable property in the Land Register is regulated by the Land Register
  Act (Official Gazette of the Republic of Slovenia, No.58/03, 37/08 - ZST-1, 45/08,
  28/09, 25/11 and 14/15 - ZUUJFO; hereinafter referred to as ZZK-1). One of the fundamental
  principles and rules of the land registration procedure is the principle of order
  of priority. Article 122(1) of the ZZK-1 thus provides that the land registry court
  shall decide on entries in respect of a particular immovable property in the order
  determined according to the moment when the land registry court received the proposal
  for entry, or when it received the document on the basis of which it decides on
  the entry ex officio. At the same time, Article 122(2) ZZK-1 provides that, as long
  as entries in a particular proceeding have not been finally decided, it is not permissible
  to decide on entries in respect of the same immovable property in a proceeding initiated
  at a later date. According to the data of the Supreme Court of the Republic of Slovenia,
  the average time for the resolution of cases from the time of filing the motion
  to the time of completion (final decision) for new cases is 49.92 days, while the
  average time for the resolution of cases from the date of assignment of the case
  to the person in charge of the case (the land registry assistant) to the date of
  issuance of the decision for new cases is 2.72 days.  We would like to point out
  that this is the average decision-making time, and the specific decision-making
  on a particular registration depends on the complexity of the proposal, while at
  the same time, in accordance with Article 122(2) of the Land Registration Act, the
  court must, as already mentioned, resolve all pending proposals received before
  it in respect of the same immovable property, before it starts to deal with the
  applicant's proposal. Therefore, without a precise knowledge of the specific circumstances
  affecting the time taken to decide on a proposal for registration in a particular
  case, a general answer to the question posed cannot be given.
Text file: 722.txt
Title: Long waiting time to register and delete a mortgage on a property
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=722
