Author presents general principles of civil enforcement and principles that are characteristic for procedure of execution of real estate, e.g. covering principle, principle of protection of debtor, principle of smallest acceptable bid, principle of acquisition and erasure etc. Because the real estate enforcement constitutes one of the most severe intrusions into legal sphere of an individual a special caution is needed. In spite of that author proposes transfer of powers in real estate enforcement from courts to private bailiffs, provided that appropriate court control is granted.
B.04 Guest lecture
COBISS.SI-ID: 3919659Author discusses the possibilities to introduce mandatory lodging of request upon notary in land register procedure, what will restrain the capacity to act in person of applicants of land register proceeding. Advantages of such regulation are better legal protection of applicants, acceleration of proceedings and capability of notaries to file motions electronically. The most significant drawback is that such a regulation could lead to restriction of right to access to court for poor applicant. He namely must pay some fees to notary and has not any chance to request a remission of charges.
B.04 Guest lecture
COBISS.SI-ID: 3918635