This Act provides for all necessary rules in relation to management of the land register. The land register is a public register that contains entries and makes available, to the public information, rights on immovable property and legal facts relating to immovable property. The land register is composed of a main register and a land registry file. The Act defines the core substantive rights and legal facts that must be recorded to ensure the legal security of real estate transactions. Rights subject to entry include ownership rights, mortgages (zastavne pravice), land charges, easements, personal encumbrances, rights of pre-emption, and building rights (stavbne pravice). Legal facts that affect real estate rights—such as pending litigation, bankruptcy proceedings, enforcement actions, expropriations, and statutory restrictions on disposal—must also be registered. The Act codifies the fundamental principle of publicity and legal trust, establishing that entries in the main register are deemed correct and complete, thereby protecting bona fide purchasers acting in reliance on registered records. Furthermore, the Act sets out procedural rules governing entry types, priority order, and land registry proceedings. It establishes three main forms of entries: final registrations (vknjižba), conditional registrations (predznatramba), and notices (zaznamba). To preserve the legal order of claims, the Act strictly enforces the principle of priority (vrstni red), where the sequence of rights is determined by the exact timestamp of application submission. Land registry proceedings are conducted primarily as non-contentious judicial proceedings before specialized land registry courts, relying heavily on strict formal document requirements—such as private deeds with notarized signatures or official court decisions—to satisfy the burden of proof required for registration. Finally, the Act mandates a fully digitized electronic land registry system (e-Zemljiška knjiga), establishing electronic filing, automated registry management, and digital archive maintenance. Under this modern framework, applications for entry are submitted electronically by authorized professionals, including notary publics, attorneys, and state attorneys. Public access to the main register is provided online, allowing instant inspection and verification of property ownership and encumbrances.
Eslovenia · 2003-05-29