Začasne odredbe v postopkih v pravdah zaradi motenja posesti

slovenian

2016

volume 71, issue 5/6

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

Provisional measures in proceedings in disputes for disturbance of possession have an important role. They provide a proposer with a fast and efficient protection of the claim. Their aim is to secure its future enforcement or a temporary regulation of legal relation in dispute. Because the Claim enforcement and security Act does not govern security and regulatory provisional measures explicitly, the case law for the latter is founded on decision of the Constitutional court of the Republic of Slovenia Up-275/97. Apart from the existence of the claim, when securing a monetary claim, a requirement for a subjective danger for its enforcement is important, and when securing a non-monetary claim, one of three alternatively set conditions: an objective danger, danger for the occurrence of the damage, extremely difficult to repair, or the use of force, and the weighting of adverse consequences. All of the requirements are formed as legal standards and the court interprets their meaning in each concrete case. Apart from that, the speed and effectiveness are also important factors of the security procedures, especially in proceedings in disputes for disturbance of possession.

29.05.2017