Area: Pravosodje
Competent authority: MP
EZU URL: .nan
Initiative ID: 798
Initiative accepted and completed: .nan
Initiative classified in EZU: .nan
Initiative forwarded in response: '2017-02-02'
Initiative published: '2017-02-02'
Initiative submitted: '2017-02-02'
Response from the competent authority: "Answer from the Ministry of Justice:The termination\
  \ of a mortgage is regulated by Article 154 of the Civil Procedure Code1 (CPC),\
  \ which provides in its first paragraph that a mortgage shall be terminated by its\
  \ cancellation from the Land Register in which it is registered, while the second\
  \ paragraph of the said Article sets out the specific grounds on which can be requested\
  \ the cancellation of a mortgage from the Land Register. Although the mortgage is\
  \ linked to the existence of a specific secured claim and the termination of that\
  \ claim also leads to the termination of the mortgage (Article 137(1) of the CCL),\
  \ the formal termination of the mortgage is only achieved by the registration of\
  \ the deletion of the mortgage from the land register. The registration of the cancellation\
  \ of a mortgage may be effected by means of an appropriate private or public deed2\
  \ (Article 29 of the Land Register Act; ZZK-1). This is usually a private deed containing\
  \ the land registry's permission to cancel the mortgage (cancellation permission),\
  \ on which the signature of the mortgagee must be authenticated, but may also be\
  \ issued in the form of a notarial deed. Expungement may also be effected on the\
  \ basis of constitutive (decisions in enforcement proceedings) or declaratory court\
  \ decisions (e.g. declaring the mortgage extinguished - Art.221 ZZK-1)3.In the event\
  \ that the mortgage is not erased on the basis of a court decision, the participation\
  \ of a notary (either in the authentication of the signature on a private document\
  \ - the land register permit or in the drafting of the permit in the form of a notarial\
  \ deed, which constitutes a public document) is obligatory, the importance of such\
  \ an arrangement being to prevent any unjustified erasure of mortgages from the\
  \ land register and thus to ensure the protection of legal turnover. The role of\
  \ the notary is to guarantee that the private deed converted into electronic form\
  \ is authentic, i.e. identical to the original. The notary is also obliged to keep\
  \ such a document (the deletion set-off) until the end (finality) of the land registration\
  \ procedure. The notariat is a public service, the exercise of which is intended\
  \ to ensure security in legal transactions, and the notary, as a person of public\
  \ trust, ensures this also in the mortgage cancellation procedure by means of his\
  \ professional knowledge, experience and personal qualities. The notary's authentication\
  \ clause on a private document has the nature of a public document, and the notary\
  \ is liable for damages for his work with all his property.4 In view of the above,\
  \ we consider that the area dealt with in the concrete proposal is adequately regulated\
  \ in the current legislation. -------------------------------------------------------1.\
  \ Official Journal of the Republic of Slovenia, No. 87/02 and 91/13.2. Official\
  \ Journal of the Republic of Slovenia, No. 58/03, 37/08 - ZST-1, 45/08, 28/09, 25/11\
  \ and 14/15 - ZUUJFO.3. See Juhart, M. et. al. Stvarnopravni Kodeks s komentom.\
  \ 1. print. Ljubljana: GV Zalo\u017Eba, 2004, p. 698.4."
Text file: 798.txt
Title: Simplifying the procedure for deleting a mortgage from the Land Register
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=798
