Real estate—Slovenia—Q&A guide [Archived, 2020 edition]
Real estate—Slovenia—Q&A guide [Archived, 2020 edition]

The following Property practice note provides comprehensive and up to date legal information covering:

  • Real estate—Slovenia—Q&A guide [Archived, 2020 edition]
  • 1. How would you explain your jurisdiction’s legal system to an investor?
  • 2. Does your jurisdiction have a system for registration or recording of ownership, leasehold and security interests in real estate? Must interests be registered or recorded?
  • 3. What are the legal requirements for registration or recording conveyances, leases and real estate security interests?
  • 4. What are the requirements for non-resident entities and individuals to own or lease real estate in your jurisdiction? What other factors should a foreign investor take into account in considering an investment in your jurisdiction?
  • 5. If a non-resident invests in a property in your jurisdiction, are there exchange control issues?
  • 6. What types of liability does an owner or tenant of, or a lender on, real estate face? Is there a standard of strict liability and can there be liability to subsequent owners and tenants including foreclosing lenders? What about tort liability?
  • 7. How can owners protect themselves from liability and what types of insurance can they obtain?
  • 8. How is the governing law of a transaction involving properties in two jurisdictions chosen? What are the conflict of laws rules in your jurisdiction? Are contractual choice of law provisions enforceable?
  • 9. Which courts or other tribunals have subject-matter jurisdiction over real estate disputes? Which parties must be joined to a claim before it can proceed? What is required for out-of-jurisdiction service? Must a party be qualified to do business in your jurisdiction to enforce remedies in your jurisdiction?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to real estate in Slovenia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).

Authors: Kirm Perpar Law Firm—Matej Perpar; Ajda Okrslar

1. How would you explain your jurisdiction’s legal system to an investor?

Slovenia has a civil law system, which is strongly influenced by German law. The most fundamental acts of civil law in Slovenia are the Code of Obligations, which contains the basic principles and general rules for all obligational relationships, and the Law of Property Code, which governs property and related rights. With regard to the law governing real estate, a potential investor should also be acquainted with provisions of the:

  1. Land Register Act;

  2. Real Estate Recording Act;

  3. Agricultural Land Act;

  4. Housing Act; and

  5. Protection of Buyers of Apartments and Single Occupancy Buildings Act.

Case law is generally not recognised as a formal source of law (with the exception of decisions made by the Constitutional Court), but it persistently gains importance, especially with regard to the power of argument.

Oral contracts are generally recognised under Slovenian law, except in cases where the law requires a written form or when the parties agree on a written form. A written form is, for example, especially envisaged by law for contracts regulating transfer of ownership title or other property rights on real

Popular documents