Succession

Slovenia

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Slovenia

FINDING COMPETENT COURTS/AUTHORITIES

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

Slovenia

Family law – succession matters


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Article 78 (a) - the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 45(1) and with appeals against decisions on such applications in accordance with Article 50(2)

The district courts (okrožna sodišča (pl.) okrožno sodišče (sing.)) are competent to deal with applications for a declaration of enforceability in accordance with Article 45(1).

A list of district courts can be found here .

The district courts are competent to deal with legal remedies against decisions on such applications in accordance with Article 50(2).

A list of district courts can be found here .

Article 78 (b) - the procedures to contest the decision given on appeal referred to in Article 51

A party may lodge an appeal (pritožba) against a decision by the district court on an objection to a declaration of enforceability. Such an appeal must be lodged within 30 days of service of the decision that is being contested. The appeal must be lodged with the district court, which forwards it to the Supreme Court of the Republic of Slovenia (Vrhovno sodišče Republike Slovenije). The appeal is served on the opposing party, which must respond within 30 days. A decision on the appeal is taken by the Supreme Court.

Vrhovno sodišče RS
Tavčarjeva 9
1000 Ljubljana

tel.: (01) 366 44 44
fax.: (01) 366 43 01
e-mail: urad.vsrs@sodisce.si

Article 78 (c) - the relevant information regarding the authorities competent to issue the Certificate pursuant to Article 64

The European Certificate of Succession is issued by the local court (okrajno sodišče (sing.) okrajna sodišča (pl.)), which takes a decision in probate proceedings.

A list of local courts in Slovenia can be found here.

Article 78 (d) - the redress procedures referred to in Article 72

Anyone who is entitled to request a European Certificate of Succession may lodge an appeal against the following decisions: a court decision on a request for a European Certificate of Succession; a decision correcting a European Certificate of Succession; a decision amending a European Certificate of Succession; a decision annulling a European Certificate of Succession. The appeal must be lodged in the probate proceedings, i.e. with the court that issued the decision on succession, within 30 days of that decision being served. The appeal does not stay execution of the decision.

The court with which the appeal is lodged may amend or revoke its previous decision only by issuing a new decision. If it does not do so, it refers the appeal to a higher court (višje sodišče (sing.) višja sodišča (pl.)) for a decision.

A list of higher courts can be found here .

Article 79 - Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)

In the Republic of Slovenia the courts have exclusive competence in matters of succession, which means that there are no other authorities or legal professionals within the meaning of Article 3(2) of the Regulation with competence in matters of succession which exercise judicial functions or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority.

Last update: 20/03/2017

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