Encyclopedia of Private International Law
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Encyclopedia of Private International Law

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. Equally, so has the number of legislative activities on the national, international and, most importantly, the European level. With a world-class editor team, 500 content items and authorship from almost 200 of the world’s foremost scholars, the Encyclopedia of Private International Law is the definitive reference work in the field. 57 different countries are represented by authors who shed light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The Encyclopedia consists of three inter-linked pillars, enhanced by sophisticated search and cross-linking functionality. The first pillar consists of A-Z coverage of the scope and substance of Private International Law in the form of 247 entries. The second pillar comprises detailed overviews of the Private International Law regimes of 80 countries. The third pillar presents valuable, and often unique, English language translations of the national codifications and Private International Law provisions of those countries. This invaluable combination represents a powerful research tool and an indispensable reference resource.
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Slovenia

Private International Law and Procedure Act of 19991

Official Gazette of the Republic of Slovenia, Nos. 56/1999 and 45/2008

Chapter I Basic Provisions

Article 1

  • This Act contains rules for determining the law that is to be applied in all personal, family, social, labour, property and other civil law relations with an international element.

  • This Act also contains rules for determining the jurisdiction of courts and other authorities of the Republic of Slovenia to deal with relations from the first paragraph of this Article, the rules of procedure and the rules which govern the recognition and enforcement of foreign judgments and the decisions of other authorities.

Article 2

  • The law applicable under the provisions of this Act will exceptionally not be applied when, in view of all the circumstances of the given case, it is clear that the connection with that law is not important and that there is an essentially closer connection to some other law.

  • This provision does not apply when the parties choose the applicable law.

Article 3

If this Act contains no provision as to which law is to be applied, then the provisions and principles of this Act, the principles of the legal system of the Republic of Slovenia and the principles of private international law apply accordingly.

Article 4

This Act will not be applied in relations that are regulated by another Act or an international treaty.

Article 5

The law that should be applicable under the provisions of this Act will not be applied if the effects of its application would be contrary to the public policy of the Republic of Slovenia.

Article 6

  • If under this Act the law of a foreign state is to be applied, then the rules of that law specifying which law is to be applied (the choice of law rules) are applicable.

  • If the choice of law rules of a foreign state provide for application of the law of the Republic of Slovenia (renvoi), then the law of the Republic of Slovenia will be applied without regard to its choice of law rules.

  • p. 3817The provisions of the first and second paragraphs of this Article will not apply when the parties may choose the law.

Article 7

Unless provided otherwise by legislation, a legal transaction and a legal act will be valid with regard to their form if they are valid under either the law of the place where the legal transaction was concluded or the legal act was performed, or under the law that applies to the contents of the legal transaction or the legal act.

Article 8

The statute of limitations is governed by the law applicable to the contents of the legal transaction or the legal act.

Article 9

  • If the law of a state whose legal system is not uniform is applicable and this Act contains no instructions as to which specific legal area of that state is to be considered, then the applicable law will be determined under the rules of that state’s legal system.

  • If the method determined in the first paragraph of this Article does not suffice to establish which law of the state whose legal system is not uniform is to be applied, then the law of the area in that state which has the closest link with the relation will be applied.

Article 10

  • If a citizen of the Republic of Slovenia also has citizenship of another state, then it will be considered, for the application of this Act, that that person has only citizenship of the Republic of Slovenia.

  • If a person who is not a citizen of the Republic of Slovenia has two or more citizenships, then it will be assumed for the application of this Act that that person has the citizenship of the state of which he/she is a citizen and also has permanent residence.

  • If the person determined in the second paragraph of this Article has no permanent residence in any of the states of which he/she has citizenship, it will be assumed for the application of this Act that that person has the citizenship of the state of which he/she is a citizen and with which he/she has the closest connection.

Article 11

  • For a person without a citizenship or a person whose citizenship cannot be established, the law of the place of that person’s permanent residence will be applied.

  • If the person determined in the first paragraph of this Article has no permanent residence or whose permanent residence cannot be established, the law of the place of temporary residence will be applied.

  • If not even the place of temporary residence can be established for the person determined in the first paragraph of this Article, then the law of the Republic of Slovenia will be applied.

Article 12

  • A court or other competent authority will establish on its own motion the content of the foreign law that is to be applied.

  • The authority determined in the first paragraph of this Article may request information on the foreign law from the ministry responsible for justice, or obtain its content in another appropriate manner.

  • p. 3818The parties may during the proceedings submit a public or other document, issued by a competent foreign authority or entity, regarding the content of the foreign law.

  • If it proves impossible to determine the content of the foreign law applicable to a particular legal relation, then the law of the Republic of Slovenia will be applied.

Chapter II The Law to be Applied

Article 13

  • The law of the state of a natural person’s citizenship will be applied to determine that person’s legal capacity and capacity for legal acts.

  • A natural person who under the law of the state of his/her citizenship lacks capacity for legal acts will be assumed to have such capacity if this is the case under the law of the place where the obligation arose.

  • The law determined in the first paragraph of this Article will apply to the revocation or limitation of a natural person’s capacity to perform legal acts.

  • The second paragraph of this Article will not be applied in family and inheritance relations.

Article 14

For issues concerning a personal name, the law of the state of citizenship of the person whose personal name is being determined or altered will be applied.

Article 15

  • The law applicable to placement under guardianship and to the termination of guardianship as well as to the relations between the guardian and the person under guardianship (the ward) is the law of the state of the ward’s citizenship.

  • A foreign citizen or a person without citizenship who is in the Republic of Slovenia is to be placed under temporary protection measures, decreed under the law of the Republic of Slovenia, which will last until the responsible state takes the relevant decisions on the case and undertakes the necessary measures.

  • The second paragraph of this Article will also apply to the protection of property located in the territory of the Republic of Slovenia that belongs to a foreign citizen or a stateless person who are absent.

Article 16

The law applicable to the pronouncement of death of a missing person is the law of the state of citizenship of the person at the time when that person became missing.

Article 17

  • The law of the state to which a legal entity belongs will be applied in matters concerning the legal status of that entity.

  • Which state a legal entity belongs to will be determined in accordance with the law of the state in which this entity was founded.

  • If the actual head office of a legal entity is in a state other than that where it was founded, and if under the law of this other state the entity also belongs to it, then the entity will be assumed to belong to that other state.

Article 18

  • The law of the place where a certain thing is located will be applied to the ownership and other rights in rem regarding this item.

  • p. 3819Regarding things in transit, the law of the place of destination will be applied to relations determined in the first paragraph.

  • Unless provided otherwise by the legislation of the Republic of Slovenia, the law of the state that the transport means belong to will be applied to relations determined in the first paragraph of this Article concerning such means of transport.

Article 19

  • Unless provided otherwise by this Act or an international treaty, the law chosen by the parties will govern contracts.

  • The choice of the parties with regard to the applicable law may be express or must be unequivocally clear from the contractual provisions or other circumstances.

  • The validity of an agreement on the choice of law will be determined in accordance with the chosen law.

Article 20

Absent party choice of the applicable law, the law of the closest connection will govern. Unless special circumstances of the case demand that another law should be applied, it will be assumed that the closest connection exists with the law of the state of the permanent residence or head office of the party obliged to perform the characteristic obligation of the contract.

Article 21

  • The law applicable to a contract of employment is the law of the state in which the employee habitually performs according to the contract.

  • An employee will not be assumed to habitually perform in a certain state if the employee is working there temporarily.

  • If according to the contract an employee habitually works in more than one state, the applicable law will be that of the state where the employer has its head office or permanent residence.

  • The parties may not by way of a choice of law agreement preclude application of the mandatory protective provisions on employees’ rights provided for by the law which would have been applied had the parties not chosen the law.

Article 22

  • Under this Act, a contract of transfer of title to movable property or rights to a consumer and a contract to provide services to a consumer will be considered consumer contracts.

  • Under this Act, a person who acquires items, rights, and services primarily for personal use or for use in his/her own household will be considered a consumer.

  • Shall not be considered as consumer contracts a contract of transportation and a contract to provide services to a consumer, if these services are, according to the contract, performed entirely outside the state of the permanent residence of the consumer.

  • Notwithstanding any other provision of this Act, the law of the state of the permanent residence of the consumer shall be applied to consumer contracts if:

    • the contract was signed as a result of an offer or advertising in that state and if the consumer performed the actions which were necessary in order to conclude the contract in that state; or

    • if the consumer’s contracting partner or his representative obtained the consumer’s order in that state; or

    • if the contract of sale was Concluded in another state or the consumer placed an order in another state, if the trip was organised by the seller with the intention of promoting the conclusion of such contracts.

  • In cases determined in the preceding paragraph, the parties shall not be able by way of a choice-of-law agreement to preclude the application of the mandatory provisions regarding the protection of consumers’ rights, contained in the law of the state of the consumer’s permanent residence.p. 3820

Article 23

The law of the state where the immovable property is located will always be applied to contracts concerning immovable property.

Article 24

Unless otherwise specified by the parties, the law determined in Articles 19 and 20 of this Act also applies to relations between contracting parties:

  • to determine the time from which the person who acquired or took over a movable property is entitled to its products and fruits;

  • to determine the time from which the person who acquired or transported the items assumes the risk regarding these items.

Article 25

Unless agreed otherwise by the parties, the manner of delivery of the items, and the measures applicable should the delivery be rejected, is governed by the law of the place where the delivery is to take place.

Article 26

The law applicable to a claim or a debt will also apply to the effects of the transfer of a claim or the takeover of a debt regarding the debtor or the creditor not involved in the transfer or the takeover.

Article 27

Unless otherwise determined, the law applicable to the main legal transaction will also apply to accessory legal transactions.

Article 28

The law of the state of the debtor’s permanent residence or head office will apply to any unilateral legal transaction.

Article 29

  • The law applicable to unjust enrichment is the law applicable to the legal relation created or anticipated or presumed, and on which ground the enrichment occurred.

  • Regarding the management of business, the law of the place where such action took place will apply.

  • For obligations arising from the unauthorized use of items and for other non-contractual obligations arising apart from the liability for damages, the law of the place where the fact giving rise to the obligation occurred will apply.

Article 30

  • For non-contractual liability for damages, the law of the place where the tortious action was committed will be applied. If more favourable for the injured party, the law of the place where the consequence occurred will be applied instead, but only if the tortfeasor could and should have foreseen the location where the consequence would occur.

  • If the law determined under the first paragraph of this Article lacks a close connection to the relation, and a manifest connection with some other law exists, then that other law will be applied.p. 3821

Article 31

If the event giving rise to the liability for damages occurred on a ship on the high seas or on board an aircraft, then the law of the place where the facts giving rise to the liability for damages occurred is to be regarded as the law of the state under whose flag the ship operates or the law of the state of registration of the aircraft.

Article 32

  • The law of the state of citizenship of the deceased at the time of death will apply to the succession.

  • The testamentary capacity is governed by the law of the state of deceased’s citizenship at the time of making the will.

Article 33

  • A will will be deemed valid regarding its form if its form is valid under any of the following legal systems:

    • the law of the place where the will was made;

    • the law of the state of the testator’s citizenship at the time of the making of the will or death;

    • the law of the place of the testator’s permanent residence at the time of the making of the will or of death;

    • the law of the place of the testator’s temporary residence at the time of the making of the will or of death;

    • the law of the Republic of Slovenia;

    • regarding immovable property, also the law of the state where this immovable property is located.

  • A revocation of a will is valid regarding its form if this form is valid under any of the laws under which it would be deemed valid under the first paragraph of this Article.

Article 34

The conditions for entering into marriage will be assessed for each person under the law of the state of that person’s citizenship at the time of celebrating the marriage.

Article 35

The law of the place where the marriage is celebrated will govern the form of the marriage.

Article 36

The invalidity of a marriage is assessed under any of the substantive laws under which the marriage was celebrated under Articles 34 and 35 of this Act.

Article 37

  • The law of the state of spouses’ citizenship at the time of filing for divorce will be applied to dissolve the marriage.

  • If at the time of filing for a divorce, the spouses are citizens of different states, then the laws of both states whose citizens the spouses are will be applied cumulatively to dissolve the marriage.

  • If the marriage cannot be dissolved under the law determined in the second paragraph of this Article, then the law of the Republic of Slovenia will be applied to dissolve the marriage, if one of the spouses had permanent residence in the Republic of Slovenia at the time of the filing for divorce.

  • If one of the spouses is a citizen of the Republic of Slovenia and lacks permanent residence in the Republic of Slovenia, and the marriage cannot be dissolved under the law specified in the second p. 3822paragraph of this Article, then the law of the Republic of Slovenia will be applied to dissolve the marriage.

Article 38

  • The law of the state of citizenship of the spouses will govern the personal and legal property relations between spouses.

  • If the spouses are citizens of different states, then the law of the state of their permanent residence will be applied.

  • If the spouses have neither common citizenship nor a permanent residence in the same state, then the law of the state of their last common permanent residence will be applied.

  • If the law which is to be applied cannot be determined under the first, second or third paragraphs of this Article, the law of the state with the closest connection to the relationship will be applied.

Article 39

  • Contractual property relations of spouses are governed by the law that applied to the personal and legal property relations between the spouses at the time of concluding the contract.

  • If under the law determined in the first paragraph of this Article the spouses are able to choose the law governing their contractual property relations, then the law of their choice will be applied.

Article 40

  • If a marriage is invalid or has been dissolved, the law specified in Article 38 of this Act will apply to the personal and legal property relations between the spouses.

  • In the cases specified in the first paragraph of this Article, the law specified in Article 39 of this Act will apply to contractual property relations between the spouses.

Article 41

  • The law of the state of partners’ citizenship applies to property relations between persons who live in an extramarital union.

  • If persons referred to in the first paragraph of this Article do not have the same citizenship, then the law of the state of their common residence will apply.

  • The law that applied to their property relations at the time of concluding the contract will apply to contractual property relations of partners living in an extramarital union.

Article 42

  • The relations between parents and children are governed by the law of the state of their citizenship.

  • If parents and their children are citizens of different states, then the law of the state where they all have their permanent residence will apply.

  • If parents and their children are citizens of different states and do not have their permanent residence in the same state, then the law of the state of the child’s citizenship applies.

Article 43

The recognition, establishment or contestation of paternity or maternity is governed by the law of the state of the child’s citizenship.p. 3823

Article 44

The obligation to pay maintenance for blood relatives, except between parents and their children, or the obligation to support in-law relatives, is governed by the law of the state of citizenship of the relative expected to pay the maintenance.

Article 45

  • The acknowledgement of a child as legitimate (legitimization) is governed by the law of the state of the parents’ citizenship; whereby if the parents are citizens of different states, then the legitimization is governed by the law of the state of citizenship of that parent under which the legitimization is valid.

  • Consent given by the child, another person, or state authority regarding the legitimization is governed by the law of the state of the child’s citizenship.

Article 46

  • The conditions for adoption and for the termination of adoption are governed by the law of the state of the citizenship of the adopting parent and the adopted child.

  • If the adopting parent and the adopted child are citizens of different states, then the laws of the states whose citizens they are will be applied cumulatively regarding the adoption and the termination of adoption.

  • If the spouses adopt someone jointly, then in addition to the law of the state of citizenship of the adopted person, the laws of the states of citizenship of the two spouses will also apply regarding the conditions for adoption and for the termination of adoption.

  • The form of adoption is governed by the law of the state where the adoption takes place.

Article 47

  • The effects of adoption are governed by the law of the state of citizenship of the adopting parent and the adopted child at the time of the adoption.

  • If the adopting parent and the adopted child are citizens of different states, then the law of the state of their permanent residence will be applied.

  • If the adopting parent and the adopted child are citizens of different states and do not have permanent residence in the same state, then the law of the state of citizenship of the adopted child will be applied.

Chapter III Jurisdiction and Proceedings

1. The Jurisdiction of Courts and other Authorities of the Republic of Slovenia in Matters with an International Element

Article 48

  • A court of the Republic of Slovenia has jurisdiction if the defendant’s permanent residence or head office is in the Republic of Slovenia.

  • If the defendant does not have permanent residence in the Republic of Slovenia or any other state, then a court of the Republic of Slovenia has jurisdiction if the defendant’s temporary residence is in the Republic of Slovenia.

  • When a legal relation is decided on in a non-contentious procedure, a court of the Republic of Slovenia has jurisdiction if the person against whom the claim was filed has permanent residence or head office in the Republic of Slovenia; when only one person is involved in the procedure, then the court has jurisdiction if this person has permanent residence or head office in the Republic of Slovenia, unless provided otherwise by this Act.p. 3824

Article 49

  • If one suit has been filed against several defendants who constitute a legal community or whose obligations are based on the same legal and factual foundation, a court of the Republic of Slovenia also has jurisdiction when the permanent residence of one of the defendants is in the Republic of Slovenia.

  • If the main debtor and the surety are sued in the same suit, then a court of the Republic of Slovenia also has jurisdiction when it has jurisdiction regarding the suit against the main debtor.

  • A court of the Republic of Slovenia also has jurisdiction regarding the counterclaim, if the counterclaim is connected with the original claim.

Article 50

  • A court of the Republic of Slovenia has exclusive jurisdiction when this is expressly so provided by this or any other act.

  • Unless provided otherwise by this Act, the courts of the Republic of Slovenia have no jurisdiction if there is a link between the legal matter and a foreign state which would, if it existed between such matter and the Republic of Slovenia, be the ground for exclusive jurisdiction of the courts of the Republic of Slovenia.

Article 51

If a foreign court in a foreign state has jurisdiction in disputes against citizens of the Republic of Slovenia under criteria for jurisdiction not contained in the jurisdiction provisions for the courts of the Republic of Slovenia, then those criteria will be grounds for the jurisdiction of a court of the Republic of Slovenia in disputes in which the defendant is a citizen of that foreign state.

Article 52

  • The parties may agree that a foreign court has jurisdiction only if at least one of them is a foreign citizen or a legal entity whose head office is abroad, unless the dispute is such that under the provisions of this Act or of another Act it is within the exclusive jurisdiction of a court of the Republic of Slovenia.

  • Notwithstanding the provisions of the first paragraph of this Article, the parties may not agree that a foreign court has jurisdiction in disputes which arise from relations with consumers and in disputes which arise from insurance relations, if the consumer or the insured party, who is a natural person, has permanent residence in the Republic of Slovenia.

  • The parties may agree that a court of the Republic of Slovenia has jurisdiction if at least one of them is a citizen of the Republic of Slovenia or a legal entity whose head office is in the Republic of Slovenia.

  • The first and third paragraph of this Article will not be applied regarding jurisdiction in legal matters from Articles 68 to 77 of this Act.

Article 53

  • In cases when under the third and fourth paragraphs of Article 52 of this Act, an agreement may be reached on jurisdiction of a court of the Republic of Slovenia, such jurisdiction may also be based on the defendant’s consent.

  • A defendant will be deemed to have consented to the jurisdiction of the courts of the Republic of Slovenia if he/she submitted a reply to the suit or appealed against a payment order, or if during the preliminary hearing or if there was no such hearing during the first hearing, he/she addressed the main issue without objection as to jurisdiction.p. 3825

Article 54

  • When under this Act the jurisdiction of a court of the Republic of Slovenia depends on a requirement that a party must be a citizen of the Republic of Slovenia, then such jurisdiction will also apply to stateless persons having permanent residence in the Republic of Slovenia.

  • The first paragraph of this Article will apply accordingly regarding the jurisdiction of other authorities of the Republic of Slovenia.

Article 55

  • A court of the Republic of Slovenia has jurisdiction in disputes concerning non-contractual liability for damages also when the tortious action was committed in the territory of the Republic of Slovenia, or when the damaging consequence occurred in the territory of the Republic of Slovenia.

  • The provisions of the first paragraph of this Article will also be applied regarding suits against insurance companies concerning the payment of damages to third parties under the legislation providing for direct liability of insurance companies, and regarding recourse claims arising from the payment of damages against the recourse debtors.

Article 56

A court of the Republic of Slovenia also has jurisdiction in disputes arising from contractual relations when the subject of the dispute is an obligation that is to be performed or should have been performed in the Republic of Slovenia.

Article 57

A court of the Republic of Slovenia also has jurisdiction in individual labour disputes when the work is or was performed or should have been performed in the territory of the Republic of Slovenia.

Article 58

  • A court of the Republic of Slovenia also has jurisdiction in disputes regarding property claims when the object of the suit is located in the territory of the Republic of Slovenia.

  • If any of the defendant’s property is located in the territory of the Republic of Slovenia, then a court of the Republic of Slovenia also has jurisdiction when the plaintiff’s permanent residence or head office is in the Republic of Slovenia, provided that the plaintiff proves the probability that the judgment is enforceable from this property.

Article 59

If a natural person or a legal entity whose head office is abroad has a branch or has designated a person charged with conducting their business in the Republic of Slovenia, then a court of the Republic of Slovenia also has jurisdiction in disputes against such a natural person or legal entity where such disputes arise from the functioning of this branch or of this person in the territory of the Republic of Slovenia.

Article 60

A court of the Republic of Slovenia has exclusive jurisdiction in disputes regarding the founding or the cessation of or regarding status changes in a company, other legal entity or association of natural persons or legal entities, and also in disputes regarding the validity of the decisions of their bodies, where the head office of the company, other legal entity, or association is located in the Republic of Slovenia.p. 3826

Article 61

A court of the Republic of Slovenia has exclusive jurisdiction in disputes regarding the validity of entries in official registers maintained in the Republic of Slovenia.

Article 62

A court of the Republic of Slovenia has exclusive jurisdiction in disputes regarding the applications for and the validity of inventions and distinguishing marks, if the application was submitted in the Republic of Slovenia.

Article 63

  • A court of the Republic of Slovenia has exclusive jurisdiction to permit and conduct enforcement proceedings if the enforcement is to be effected in the territory of the Republic of Slovenia.

  • The provision of the first paragraph of this Article will also apply to disputes that arise during the enforcement or insolvency proceedings, if such proceedings are conducted before a court of the Republic of Slovenia.

Article 64

  • A court of the Republic of Slovenia has exclusive jurisdiction in disputes regarding property rights (rights in rem) on immovable property, in disputes regarding the disturbance of immovable property, and in disputes arising from the lease of immovable property, if that immovable property is located in the territory of the Republic of Slovenia.

  • A court of the Republic of Slovenia also has exclusive jurisdiction when rights regarding immovable property are being decided on in a non-contentious procedure.

Article 65

A court of the Republic of Slovenia also has jurisdiction in disputes over disturbance of movable property if that disturbance occurred in the territory of the Republic of Slovenia.

Article 66

  • A court of the Republic of Slovenia also has jurisdiction in disputes regarding property rights (rights in rem) regarding a ship or an aircraft and in disputes arising from the lease of a ship or an aircraft, if the ship or aircraft is entered in a register maintained in the Republic of Slovenia.

  • Courts of the Republic of Slovenia also have jurisdiction in disputes regarding the disturbance of possession of a ship or aircraft from the first paragraph of this Article, if the register in which the ship or the aircraft is registered is maintained in the Republic of Slovenia or if the possession was disturbed in the Republic of Slovenia.

Article 67

  • A court of the Republic of Slovenia shall have jurisdiction in disputes over property relations between spouses concerning their property in the Republic of Slovenia also when the defendant’s permanent residence is not in the Republic of Slovenia.

  • If the majority of the property is in the Republic of Slovenia, and the remainder abroad, then a court of the Republic of Slovenia may rule on the property that is abroad only in disputes regarding also the property located in the Republic of Slovenia and only if the defendant consents to the jurisdiction of a court of the Republic of Slovenia.

  • p. 3827Under the provisions of this Act, a court of the Republic of Slovenia shall have jurisdiction in disputes over property relations between spouses, regardless of whether the marriage still exists, has been terminated, or has been established to not exist.

Article 68

  • A court of the Republic of Slovenia has jurisdiction in disputes regarding the dissolution or the invalidation of a marriage also when the defendant has no permanent residence in the Republic of Slovenia:

    • if both spouses are Slovenian citizens, regardless of where they have permanent residence;

    • if the plaintiff is a Slovenian citizen with permanent residence in the Republic of Slovenia;

    • if the last common permanent residence of the spouses was in the Republic of Slovenia and the plaintiff has permanent or temporary residence in the Republic of Slovenia at the time of filing the suit.

  • A court of the Republic of Slovenia has exclusive jurisdiction if the spouse who is the defendant is a Slovenian citizen with permanent residence in the Republic of Slovenia.

Article 69

A court of the Republic of Slovenia also has jurisdiction in disputes from Article 68 of this Act if both spouses are foreign citizens and their last common permanent residence was in the Republic of Slovenia, but only if the defendant consents to the jurisdiction of a Slovenian court, and if the legislation of the state of citizenship of the spouses permits such jurisdiction.

Article 70

A court of the Republic of Slovenia also has jurisdiction in divorce proceedings when the plaintiff is a Slovenian citizen, and the law of the state whose court would otherwise have jurisdiction does not provide for the dissolution of a marriage.

Article 71

  • A court of the Republic of Slovenia also has jurisdiction regarding suits for establishing or contesting paternity or maternity when the defendant has no permanent residence in the Republic of Slovenia:

    • if the plaintiff and the defendant are Slovenian citizens, regardless of where they have permanent residence;

    • if the plaintiff is a Slovenian citizen with permanent residence in the Republic of Slovenia.

  • A court of the Republic of Slovenia has exclusive jurisdiction if the suit has been filed against a child who is a Slovenian citizen and has permanent or temporary residence in the Republic of Slovenia.

Article 72

The court of the Republic of Slovenia having jurisdiction in disputes from Article 71 of this Act also has jurisdiction when the parties are foreign citizens if the plaintiff or one of the plaintiffs has permanent residence in the Republic of Slovenia, but only if the defendant consents to the jurisdiction of a court of the Republic of Slovenia and if the legislation of the state of which he is a citizen permits such jurisdiction.

Article 73

  • A court of the Republic of Slovenia also has jurisdiction in disputes regarding the guardianship and upbringing of children who are cared for by their parents when the defendant has no p. 3828permanent residence in the Republic of Slovenia, if both parents are Slovenian citizens or if the child is a Slovenian citizen and has permanent residence in the Republic of Slovenia.

  • A court of the Republic of Slovenia has exclusive jurisdiction if the defendant and the child are Slovenian citizens and they both have permanent residence in the Republic of Slovenia.

  • The first and the second paragraph of this Article and Article 48 of this Act will apply accordingly for the jurisdiction of other authorities of the Republic of Slovenia when adopting decisions concerning guardianship and upbringing of children who are under parental care.

Article 74

  • A court of the Republic of Slovenia also has jurisdiction in disputes over legal maintenance payments for children when the defendant has no permanent residence in the Republic of Slovenia:

    • if the suit has been filed by a child with permanent residence in the Republic of Slovenia;

    • if the plaintiff and the defendant are Slovenian citizens and both have permanent residence in the Republic of Slovenia; or

    • if the plaintiff is a minor and a Slovenian citizen.

  • A court of the Republic of Slovenia also has jurisdiction in disputes over legal maintenance payments not listed in the first paragraph of this Article when the defendant has no permanent residence in the Republic of Slovenia, if the plaintiff is a Slovenian citizen and has permanent residence in the Republic of Slovenia.

  • A court of the Republic of Slovenia also has jurisdiction in disputes over legal maintenance payments between spouses and between ex-spouses if their last common permanent residence was in the Republic of Slovenia and the plaintiff continues to reside in the Republic of Slovenia during the proceedings.

Article 75

A court of the Republic of Slovenia also has jurisdiction in disputes over legal maintenance payments when the defendant has assets in the Republic of Slovenia that may be used to pay the maintenance.

Article 76

A court of the Republic of Slovenia also has jurisdiction regarding the guardianship, the upbringing and the maintenance of children when such disputes are being resolved jointly with disputes regarding the dissolution or invalidation of a marriage or with claims regarding the contestation of paternity or maternity which under this Act are within the jurisdiction of the courts of the Republic of Slovenia.

Article 77

  • A court of the Republic of Slovenia also has jurisdiction regarding the removal or restoration of a parental right, the extension of a parental right, the appointment of a parent as a guardian of the child’s property, the declaration of a child to have been born within a marriage, and the decisions on other matters concerning personal status and relationships between parents and children when the conditions from the third paragraph of Article 48 of this Act are not fulfilled, if the person who submitted the claim and the person against whom it was submitted are Slovenian citizens or, when only one person is involved in the proceedings, if this person is a Slovenian citizen.

  • A court of the Republic of Slovenia also has jurisdiction in matters from the first paragraph of this Article when the child is a Slovenian citizen and has permanent residence in the Republic of Slovenia.p. 3829

Article 78

  • A court of the Republic of Slovenia has exclusive jurisdiction for pronouncing a missing Slovenian citizen to be dead, regardless of the location of that person’s permanent residence.

  • The death of a foreign citizen who died in the territory of the Republic of Slovenia may be established in a court of the Republic of Slovenia under the law of the Republic of Slovenia.

Article 79

  • A court of the Republic of Slovenia has exclusive jurisdiction for inheritance proceedings concerning the immovable estate of a deceased Slovenian citizen if that estate is located in the Republic of Slovenia.

  • If the immovable estate of a deceased Slovenian citizen is abroad, then a court of the Republic of Slovenia has jurisdiction only if under the law of the state where the estate of the deceased is located, its own authorities lack jurisdiction.

  • A court of the Republic of Slovenia has jurisdiction for inheritance proceedings regarding the movable estate of a deceased Slovenian citizen if such movable estate is located in the territory of the Republic of Slovenia or, if under the law of the state where the movable estate is located, the authorities of that state lack jurisdiction or if such authorities decline to conduct the inheritance proceedings regarding such estate.

  • The first, second and third paragraphs of this Article also apply to jurisdiction in disputes arising from inheritance law relations and in disputes regarding the claims of creditors against the estate.

Article 80

  • A court of the Republic of Slovenia has exclusive jurisdiction for the proceedings regarding the immovable estate of a foreign citizen if such estate is located in the Republic of Slovenia.

  • A court of the Republic of Slovenia has jurisdiction for the proceedings regarding the movable estate of a foreign citizen located in the Republic of Slovenia, unless the courts in the deceased person’s state lack jurisdiction regarding the movable estate of Slovenian citizens.

  • The first and second paragraphs of this Article also apply to jurisdiction in disputes arising from inheritance law relations and in disputes regarding the claims of creditors against the estate.

  • When a court of the Republic of Slovenia lacks jurisdiction for the proceedings regarding the estate of a deceased foreign citizen, it may nevertheless decree measures for the protection of such estate and of the rights to an estate located in the Republic of Slovenia.

Article 81

  • A court of the Republic of Slovenia has exclusive jurisdiction in proceedings regarding the immovable estate of a stateless person, a person whose citizenship cannot be determined or a person with refugee status, if the immovable property is located in the territory of the Republic of Slovenia.

  • A court of the Republic of Slovenia has jurisdiction in proceedings regarding the movable estate of a stateless person, a person whose citizenship cannot be established or a person with refugee status, if the movable estate is located in the Republic of Slovenia or the deceased person had permanent residence in the Republic of Slovenia at the time of death.

  • The first and second paragraphs of this Article also apply to jurisdiction in disputes arising from inheritance law relations and regarding the claims of creditors against the estate.

  • If the deceased did not have permanent residence in the Republic of Slovenia at the time of death, the provisions applicable to proceedings regarding the estate of a deceased foreign citizen will apply accordingly, whereby the term ‘foreign state’ refers to the state of permanent residence of the deceased at the time of death.p. 3830

Article 82

  • An authority of the Republic of Slovenia has the jurisdiction to allow the conclusion of a marriage if the applicant or one of the applicants is a Slovenian citizen, regardless of where the persons intending to marry have permanent residence.

  • An authority of the Republic of Slovenia has exclusive jurisdiction if a minor requesting to be allowed to marry is a Slovenian citizen or if the persons who intend to marry are Slovenian citizens and the marriage is to be celebrated abroad.

Article 83

  • An authority of the Republic of Slovenia has exclusive jurisdiction to decide on the adoption and the termination of adoption of a person who is a Slovenian citizen with permanent residence in the Republic of Slovenia.

  • An authority of the Republic of Slovenia has jurisdiction to decide on the adoption and the termination of adoption if the adopting parent is a Slovenian citizen with permanent residence in the Republic of Slovenia.

  • If the spouses adopt jointly, then is sufficient for the jurisdiction of an authority of the Republic of Slovenia that one of the spouses is a Slovenian citizen with permanent residence in the Republic of Slovenia.

Article 84

An authority of the Republic of Slovenia has exclusive jurisdiction in matters of guardianship of Slovenian citizens, regardless of where they have permanent residence, unless provided otherwise by this Act.

Article 85

An authority of the Republic of Slovenia may not issue a decision and may adopt no measures in matters of guardianship of Slovenian citizens with permanent residence abroad if it is established that the authority having jurisdiction under the law of the foreign state has already issued a decision or adopted measures to protect the personality, rights and interests of the Slovenian citizen.

Article 86

  • An authority of the Republic of Slovenia will issue urgent temporary measures to protect the personality, rights and interests of a foreign citizen who is in the Republic of Slovenia or has property therein, and will notify the relevant authority in the foreign state of such measures.

  • An authority of the Republic of Slovenia will issue a decision and adopt measures in matters of guardianship of a foreign citizen with permanent residence in the Republic of Slovenia, if the relevant authority in the foreign state has failed to protect that citizen’s personality, rights and interests.

2. Other provisions

Article 87

  • The law of the state of a natural person will be applied to determine the capacity to be a party in legal proceedings and the capacity to conduct legal proceedings.

  • A foreign citizen with no capacity to conduct legal proceedings under the first paragraph of this Article, but having such capacity under the law of the Republic of Slovenia, will be permitted to participate in the proceedings without a representative.

  • The legal representative of a foreign citizen from the second paragraph of this Article may exercise powers in the proceedings only until such time as the foreign citizen has stated an intention to conduct the proceedings without a representative.

  • Regarding a foreign legal entity the law specified in Article 17 of this Act will be applied to determine its capacity to be a party in proceedings.p. 3831

Article 88

A court of the Republic of Slovenia will stay the proceedings at the request of a party if other proceedings on the same matter have been initiated before a foreign court between the same parties:

  • if the suit in the proceedings conducted abroad was served on the defendant before the service of the suit in the proceedings conducted in the Republic of Slovenia; or if a non-contentious procedure abroad started earlier than in the Republic of Slovenia;

  • if it is probable that the foreign decision will be recognized in the Republic of Slovenia, and;

  • if reciprocity exists between the two states.

Article 89

The facts decisive for the determination of the jurisdiction of courts in the Republic of Slovenia are those that existed at the beginning of the proceedings.

Article 90

  • When a foreign citizen or a stateless person who does not have permanent residence in the Republic of Slovenia initiates proceedings before a court of the Republic of Slovenia, he will, upon the defendant’s request, provide security for the costs of the proceedings.

  • The defendant must make the request determined in the first paragraph at the preliminary hearing at the latest, and if there is no such hearing then before addressing the main issue of the dispute at the first hearing, or as soon as he/she learns that the conditions for requesting a security have been met.

  • The security for the procedural costs will be provided in cash; the court may permit the security to be provided in another appropriate form.

Article 91

  • The defendant will not be entitled to security for the procedural costs:

    • if citizens of the Republic of Slovenia are not obliged to provide the security in the state of the defendant’s citizenship;

    • if the claimant has the right of asylum in the Republic of Slovenia;

    • if the suit concerns the claimant’s claims arising from the relation regarding claimant’s work in the Republic of Slovenia;

    • in cases of the disputes regarding the dissolution or the invalidity of a marriage, the paternity or maternity suits, or the suits regarding legal maintenance;

    • in cases of suits concerning bills of exchange or cheques, counterclaims or requests for the issuance of a payment order.

  • When in doubt as to whether under point 1 of the first paragraph of this Article citizens of the Republic of Slovenia have to provide security in the claimant’s state, the instructions will be provided by the ministry responsible for justice.

Article 92

  • In the decision granting security for procedural costs, the court will set the amount of security as well as the time limit in which the security is to be provided, and inform the claimant of the consequences as laid down by law in case of failing to prove that the security has been provided within the set period.

  • If the claimant fails to prove that the security for procedural costs was provided within the set period, it will be deemed that the suit or legal remedy, if the defendant made the request for a security only during judicial review proceedings, has been withdrawn.

  • p. 3832A defendant who had on time requested that the claimant provide security for procedural costs will not be required to continue the proceedings on the main issue until the court has adopted a final decision on his request, and if the request is granted, then until the claimant has provided the security.

  • If the court rejects a request for security for procedural costs it may rule that the proceedings are to be continued before the rejection decision becomes final.

Article 93

  • Foreign citizens are entitled, under the condition of reciprocity, to be exempt from bearing procedural costs.

  • In case of doubt regarding the existence of reciprocity, then the explanation regarding the exemption from bearing the procedural costs will be provided by the ministry responsible for justice.

  • Reciprocity, as referred to in the first paragraph of this Article, is not a requirement for exercising the right of exemption from bearing procedural costs if the foreign citizen has permanent residence in the Republic of Slovenia.

  • A stateless person is entitled to exemption from bearing procedural costs if that person has permanent or temporary residence in the Republic of Slovenia.

Chapter IV Recognition and Enforcement of Foreign Judgments

1. Recognition and enforcement of foreign judgments

Article 94

  • A foreign judgment will be regarded as equivalent to a judgment rendered by a court of the Republic of Slovenia, and will have the same legal effects in the Republic of Slovenia as a domestic judgment, provided it is recognized by a court of the Republic of Slovenia.

  • A settlement reached before a court (a court settlement) will also be considered to be a foreign judgment as determined in the first paragraph of this Article.

  • A decision by another authority which in the state where it was issued is regarded as equivalent to a judgment or a court settlement will be regarded as a foreign judgment if it governs the relations from Article 1 of this Act.

Article 95

  • A person requesting recognition of a foreign judgment is to supplement the request with the original foreign judgment or an authenticated copy thereof, and with a certificate issued by a competent foreign court or other authority stating that the judgment is final under the law of the state in which it was rendered.

  • If the foreign judgment or an authenticated copy thereof are not drafted in a language which is in official use at the court, then the party requesting the recognition is to submit an authenticated translation of the foreign judgment into the language in official use at the court.

Article 96

  • A court of the Republic of Slovenia will refuse recognition of a foreign judgment if, upon objection by the person against whom the judgment was rendered, it establishes that that person was prevented from participating in the proceedings due to procedural irregularities.

  • In particular, it will be deemed that the person against whom a foreign judgment was rendered was unable to participate in the proceedings if the summons, the lawsuit or the decision initiating the proceedings were not served in person or personal service was not even attempted, except when that person in any way participated in the first instance proceedings regarding the main matter of the dispute.p. 3833

Article 97

  • A foreign judgment will not be recognised if the subject matter is within the exclusive jurisdiction of a court or other authority of the Republic of Slovenia.

  • If a request to recognize a foreign judgment issued in a dispute regarding the dissolution or invalidity of a marriage is filed by the defendant or if it is filed by the claimant and not objected to by the defendant, then the exclusive jurisdiction of a court of the Republic of Slovenia will not be an obstacle to its recognition.

Article 98

  • The court, upon objection by the person against whom it was rendered, will decline to recognize a foreign judgment if the jurisdiction of the foreign court was based exclusively on any of the following circumstances:

    • the citizenship of the claimant;

    • the location of the defendant’s property in the state where the judgment was rendered; or

    • personal service on the defendant of the lawsuit or of another document initiating the proceedings.

  • The court, upon objection by the person against whom it was rendered, will also decline to recognize a foreign judgment if the court which rendered the judgment failed to observe the agreement on jurisdiction of courts in the Republic of Slovenia.

Article 99

  • A foreign judgment will not be recognized if the court or another authority of the Republic of Slovenia has issued a final decision in the same matter, or if another foreign judgment in the same matter has been recognized in the Republic of Slovenia.

  • A court will stay the proceedings regarding the recognition of a foreign judgment if previously initiated proceedings in the same matter and between the same parties are pending before a court of the Republic of Slovenia, until such proceedings have been brought to a final conclusion.

Article 100

A foreign judgment will not be recognized if the effect of its recognition would be contrary to the public policy of the Republic of Slovenia.

Article 101

  • A foreign judgment will not be recognized if there is no reciprocity.

  • The lack of reciprocity will not be an obstacle to recognizing a foreign judgment rendered in disputes regarding the dissolution or invalidation of a marriage and in claims regarding the establishment or contestation of paternity or maternity, or when the recognition or enforcement of a foreign judgment has been requested by a Slovenian citizen.

  • The existence of reciprocity regarding the recognition of a foreign judgment will be presumed until proven otherwise; in case of doubt as to whether reciprocity exists, a clarification will be provided by the ministry responsible for justice.

Article 102

  • A foreign judgment which concerns the personal status of a citizen of the state in which it was rendered will be recognized in the Republic of Slovenia without having to be examined pursuant to Articles 97, 100 and 101 of this Act.

  • p. 3834If the competent authority of the Republic of Slovenia deems that the foreign judgment concerns the personal status of a Slovenian citizen, then an examination of such judgment under the provisions of Articles 95 to 101 of this Act is necessary for its recognition.

Article 103

  • The provisions of Articles 95 to 101 of this Act are applicable to the enforcement of foreign judgments.

  • The person submitting a request for enforcement of a foreign judgment is required to submit, in addition to the certificate determined in Article 95 of this Act, a certificate of enforceability under the law of the state in which the judgment was rendered.

2. Recognition and enforcement of foreign arbitral awards – Articles 104–107 – invalidated by the Arbitration Act of 2008

3. Procedure for recognition and enforcement of foreign judgments

Article 108

  • Proceedings for recognition of a foreign judgment are to be initiated upon request.

  • The recognition of a foreign judgment concerning personal status may be requested by any person with a legal interest therein.

  • The decision on the recognition of a foreign judgment will be issued by a single district court judge.

  • The territorial jurisdiction for recognizing a foreign judgment lies with any court having jurisdiction regarding the subject matter of such proceedings.

  • The territorial jurisdiction for the enforcement of a foreign judgment lies with the court on whose territory the enforcement is to be effected.

  • If no special ruling has been issued regarding the recognition of a foreign judgment, then any court may rule on such recognition as a preliminary issue, with the effect of such ruling limited only to those particular proceedings.

Article 109

  • In the proceedings for recognition of a foreign judgment, the court will examine only whether the conditions of Articles 94 to 107 of this Act are satisfied.

  • If the court establishes that there are no obstacles to the recognition, it will issue a decision granting recognition of a foreign judgment.

  • The court will serve the decision granting recognition on the opposing party or other participants in the proceedings in which the foreign judgment was rendered, and will instruct them on the possibility of filing an objection within fifteen days from having been served the decision.

  • The objection will be ruled on by the court which issued the decision granting recognition sitting in a panel of three judges. If the decision on the objection depends on disputed facts, then the court will rule after holding a hearing.

  • An appeal may be filed with the Supreme Court against the decision by which the court rejected the request to recognize a foreign judgment and against the decision of the court regarding the objection.

  • Notwithstanding the provision of the third paragraph of this Article, the decision to recognize a foreign judgment on the dissolution of a marriage may not be served on the opposite party if the person who requested the recognition is a citizen of the Republic of Slovenia and the opposite party does has no permanent or temporary residence in the Republic of Slovenia.p. 3835

Article 110

The court will determine the procedural costs under the rules that would apply if the judgment on the subject matter were rendered by a court or other authority of the Republic of Slovenia.

Article 111

Unless otherwise provided in this Chapter IV, the provisions of the Non-Litigious Civil Procedure Act will apply correspondingly to proceedings for recognition of foreign judgments.

Chapter V Special Provisions

Article 112

  • Citizens of the Republic of Slovenia may be married abroad at a consular office of the Republic of Slovenia, unless this is objected to by the state in which this consular office is located, or if this is provided for by an international treaty.

  • The minister responsible for foreign affairs will determine which representative offices of the Republic of Slovenia may celebrate marriages between citizens of the Republic of Slovenia.

Article 113

Matters concerning guardianship of citizens of the Republic of Slovenia who are abroad will be managed by the consular office of the Republic of Slovenia, unless this is objected to by the state in which this consular office is located, or if this is provided for by an international treaty.

Article 114

A citizen of the Republic of Slovenia may have a will drafted abroad by a consular office of the Republic of Slovenia under the provisions which apply to court-deposited wills.

Article 115

  • A consular office of the Republic of Slovenia may, in conformity with international treaties and the legislation of the state of destination, authenticate signatures, hand-written texts and copies.

  • The minister responsible for foreign affairs will regulate in detail the manner in which acts determined in the first paragraph of this Article are to be conducted.

Article 116

  • The certificates on the legislation which is or has been applicable in Slovenia which are to be applied before the authorities of a foreign state will be issued by the minister responsible for justice.

  • The certificate determined in the first paragraph of this Article is to state the title of the Act, the date of its entry into force or of the termination of its applicability, and the exact text of the relevant provisions.

Article 117

The duties of a consular office of the Republic of Slovenia under this Act may also be performed by a mission of the Republic of Slovenia, if there is no consular office in the place where it has its head office and in those parts of the territory of the receiving state for which there is no consular office.p. 3836

Chapter VI Final Provisions

Article 118

On the day of the entry into force of this Act, the Act Regulating Conflict of Laws with Regulations of Other States in Certain Relations (Zakon o ureditvi kolizije zakonov s predpisi drugih držav v določenih razmerjih, Official Gazette of the Socialist Federative Republic of Yugoslavia, Nos. 43/82 and 72/82) ceases to apply.

Article 119

This Act enters into force on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.

Unofficial translation by Jerca Kramberger Škerl, Ph.D., Assistant Professor at the Faculty of Law, University of Ljubljana (Slovenia), based on a draft translation provided by the Ministry of Justice of the Republic of Slovenia.