Varstvo pridobitelja lastninske pravice na nepremičnini v razmerju do upnika v izvršilnem postopku

slovenian

2015

volume 70, issue 1/2

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

In the article, the author discusses a common situation in civil enforcement proceedings. When the creditor files a motion for execution on the property, which he believes is his debtor's, the third party arises during the procedure and claims the property is its own, requiring the court to prevent the sale of the property in question. Through the examination of the case-law, the author exposes the problem of balancing between the third party's right to private property and the creditor's right to effective enforcement. The article distinguishes between the cases where the creditor obtains compulsory hypothecation during the enforcement procedure and where it obtains it contractual. The article discusses the importance of the third party's good faith as well as the importance of trust in the land register. The author concludes the Slovene law system offers substantial advantage to the owner as opposed to the creditor, which in some cases compromises the creditor's right to effective enforcement.

23.03.2017