In this paper, the securities in Slovenian legal system are presented in two ways, first as a property subject to enforcement. They are classified according to their basic characteristics, and further presented as an object of enforcement. Another aspect is their use as title in enforcement process. The land charge letter is a security and the enforcement title. Bill of exchange and cheque serve as a title for enforcement on the ground of credible documents. Bill of exchange, when physically presented to the court, is entitlement to direct payment to the creditor from the bank account of the debtor even before the enforcement order issued on the ground of credible document became final, and despite the debtor’s timely objection to the payment order. The author highlights some problems in this respect.
COBISS.SI-ID: 4576811
In this article, the author considers transfer of assets as one of legally regulated forms of corporate restructuring that enables local selfgoverning authority (or the Republic of Slovenia) to acquire a company with its assets and liabilities by way of universal legal succession, and therefore bring about corporate status restructuring. Transfer of assets is discussed with regard to Slovenia's corporate regulation, both in terms of procedural rules, as well as in terms of protection of interests of the shareholders and creditors of the company, which transfers the assets.
COBISS.SI-ID: 4534571
The right of superficies is the right to build and own a building over, on or under a land owned by another person. Because the right of superficies is payable and transferable, it puts under question a compensation for the granted right of superficies and also its value at the transfer. Present article treats the legal characteristics of the right of superfices, and on this basis a model of determining the periodic compensation for the right of superficies is devised. On the basis of the annual compensation we derived the models of appraising of the value of the right of superficies. In the article we also introduce the influence of renovation on the value of the building and consenquently on the value of compensation that has to be payed by the owner of the land to the holder of the right of superficies at cessation.
COBISS.SI-ID: 16640790
Direct effect, consistent interpretation and state liability are instruments developed by the CJEU for national courts to remedy conflicts between national and EU law (and may also be used in some jurisdictions to resolve national law and international law). This book examines the "remedial capacity" of these doctrines/tools from the perspective of the national court applying them. In short: what are their strengths, weaknesses, unexplored opportunities at grassroot level, and what can we learn from comparative experience in practice within Member States. The study reveals considerable differences in the way these doctrines are handled at national level. And it is clear that these differences go beyond the challenges facing newly joined Member States where the judiciary might be expected to still be learning its way with EU law. Even within long standing EU Members there is by no means a consistency in approach.
COBISS.SI-ID: 4543275
Financial indiscipline and poor liquidity together with low credit worthiness of companies and sole proprietors have as a consequence that creditors are forced to find different solutions to ensure the fulfillment of their claims. The paper analyses four different options available to creditors in order to secure the fulfillment of their claims or to obtain liquid assets more quickly (or, from the point of view of the debtor - his options for the fulfillment of its obligation by means other than a direct payment of the debt): assignment of claims, assignation, factoring and forfaiting.
COBISS.SI-ID: 4556843