Selected Aspects of the Property Rights Regime in Slovenia in the Context of the EU

Endri Papajorgjı

doi:10.5901/mjss.2014.v5n20p553

Abstract

Slovenia is member of the EU since 1.5.2004. It was an ex Republic of the Yugoslav federation that declared its independence on 25.6.1991. Slovene territory was part of the empire of Franks from 8th century then of the German empire till 1804 and Austrian empire till 1918. North-eastern part was part of Hungarian state and its successors from 9th century till 1918. Western part of Slovenia was part of Italy between 1918 and 1943. Slovenia became part of the Kingdom of Slovenes, Croats and Serbs from 1914/1929. After World War II it became part of Yugoslavia and its socalist legal system. The socialist legal system that was implemented in Slovenia as in all Republics of the Yugoslav federation was based in the building of state property, which was created by massive confiscations of the property of the so called collaborators in 1945 and then by three nationalization periods which took place between 1945 and 1956. After a difficult economic period, the Yugoslaw state implemented the new system of socialist self management, which meant that workers fullfill directly or equally their social-, economic- and self-administering rights, and decide on issues dealing with the socio-economic situation of the enterprise. This legal system was also based in the building of state and social Property. In the late 80's an ideological, political, economic system disintegrated and in Slovenia as in all countries of Eastern Europe, democracy, free market economy and the rule of law, based on private property and free market economy were the foundation of the transformation. In this context this paper analyzes the transformation that took place in the property rights regime in Slovenia in a legal view in compliance with EU law. DOI: 10.5901/mjss.2014.v5n20p553

Highlights

The Constitution of the Republic of Slovenia guarantees the right of property and determines that the property acquisition and disposal is guaranteed in such a way that the free economic, social and ecological disposition is protected
From this paper became evident that the property regime of Slovenia is regulated in compliance with the EU law
The changes that occurred in the property rights regime in Slovenia after the fall of communism are substantial, because during socialism social property had a privileged position in comparison to private property

Summary

Introduction

The Constitution of the Republic of Slovenia guarantees the right of property and determines that the property acquisition and disposal is guaranteed in such a way that the free economic, social and ecological disposition is protected. The Slovenian Immovables registration right includes (Rudolf, Rijavec, Kerestes, 2008): (A) the principle of constitutive effect of the entries for derivatively acquired real rights; (B) the principle of legality: the making of entries only on the basis of legally defined documents, which must meet certain formal requirements; (C) the formal principle of consensus: the declaration of the person whose rights are limited by registration, loaded or deleted; (D) the principle of mandatory indication of land registry; (E) the formal principle of publicity: the general ledger is public and accessible In this sense the notation (adnotatio) is a registration or deletion fairly significant fact that does not relate to the acquisition, termination or restriction of rights. At the same time the reinstatement of the land registry object has to be applied

Property Securities

Conclusions