1. Legal characteristics of a maximum mortgage with an analysis of the latest case lawRenato Vrenčur, Matej Makoter Rožmarin, 2025, izvirni znanstveni članek Opis: The article examines the legal nature and transferability of the maximum mortgage under the Slovenian Law of Property Code (Stvarnopravni zakonik or in abbreviation SPZ), focusing on Article 146(4) and its interpretation in case law and theory. It first recalls the accessory nature of liens, which normally follow the secured claim as to creation, scope, transfer and extinction. Against this background, it shows how the maximum mortgage was designed to secure fluctuating or future claims arising from an ongoing creditor–debtor relationship, up to a registered ceiling amount. The authors reconstruct the prevailing Slovenian view that, in the case of a maximum mortgage, the accessory link exists not between individual claims and the mortgage but between the business relationship and the maximum mortgage as a protective right in rem. They contrast this functional understanding with the literal wording of Article 146(4) SPZ, which excludes the transfer of the mortgage when a secured claim is assigned, and with the conservative approach of the Supreme Court. According to its case law, an assigned claim secured by a maximum mortgage is transferred without security, which reduces its market value and narrows the practical usefulness of this instrument. Using German and Austrian law as key comparators, the article argues that the Slovenian solution is unnecessarily rigid and departs from models that allow, under certain conditions, the transfer or transformation of a maximum mortgage into a fixed mortgage when claims are assigned or when the credit relationship is reduced to a single outstanding claim. The authors endorse the more recent doctrinal position and the approach taken by the Higher Court of Ljubljana, under which individual “sub-mortgages” arise within the maximum mortgage and accompany the assigned claim to the new creditor, creating a community of mortgagees governed by general rules of the Obligations Code. The general view that a maximum mortgage is more flexible than a fixed mortgage is, in the Slovenian context, undermined by the current statutory wording and restrictive case law, which call for a systemic and functional reinterpretation of Article 146 SPZ – or, failing that, for legislative reform.
Ključne besede: maximum mortgage, accessory nature of mortgages, transfer of secured claims, Article 146 SPZ, Slovenian case law, comparative property law
Objavljeno v DKUM: 07.01.2026; Ogledov: 0; Prenosov: 1
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2. Is it high time to redefine the legal framework on cohabitation in family law?Nana Weber, 2024, izvirni znanstveni članek Opis: Cohabitation is an institution of Slovenian family law quite similar in effect to marriage in that it creates the same rights and obligations. However, unlike marriage, its existence must be proved in each individual proceeding separately which creates difficulties, particularly in practice. This situation is exacerbated by the fact that the existence of cohabitation in the Slovenian Family Code is defined exclusively using rather vaguely defined legal standards. In this article, the author gives an overview of the current relevant case-law of Slovenian courts on cohabitation and discusses the possibilities for future legal regulation of the establishment of this community.
Ključne besede: cohabitation, family law, new regulation, case law, registration, notary
Objavljeno v DKUM: 13.08.2025; Ogledov: 0; Prenosov: 8
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4. Legal analysis of public authorities of Chamber for the Development of Slovenian Private Security - de lege lata and de lege ferendaIztok Rakar, Bojan Tičar, 2015, pregledni znanstveni članek Opis: Purpose:
This paper examines the development of delegation of public authorities to the Chamber for the Development of Slovenian Private Security. Based on an evaluation of past and present experiences, the authors set guidelines for future legal regulation and administrative practice.
Design/Methods/Approach:
The research presented here is based on an analysis of legal regulation and theory of public authorities, of the case law of the Constitutional Court of the Republic of Slovenia, and of the administrative inspection reports on implementation of public authorities of former Chamber of the Republic Slovenia for Private Security.
Findings:
Public authorities are institutes of Slovenian constitutional and administrative law. An analysis of sector-specific laws shows that a variety of administrative tasks is delegated to subjects of public and private law (e.g., public enterprises, chambers and individuals).
In practice, the delegation of public authorities poses several major problems: ex ante, justifications of delegation are very vague and not supported by analyses, while ex post evaluations of delegation are non-existent and supervision of the implementation of public authorities is insufficient. In practice, supervision is mainly the result of malpractice as identified by random checks or the media, and not the result of systematic activity.
The public authorities of professional chambers present a special problem. Public authorities of the former Chamber of the Republic Slovenia for Private Security pertaining to the licensing and professional supervision of members of the chamber have been withdrawn based on findings by administrative inspections.
Research Limitations / Implications:
The research is limited to Slovenia, but the findings are relevant for other “young democracies” in the region and of potential interest to Western European democracies.
Originality/Value:
The analysis addresses key problems in delegating and implementing public authorities, evaluates the results of experiences, and offers possible solutions.
Ključne besede: public authorities, private security, chamber, case law, constitutional court, Slovenia
Objavljeno v DKUM: 16.04.2020; Ogledov: 914; Prenosov: 45
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5. Medicine between ethics and scientific progress : how much ethics needs medicine, how much ethics can it afford?Joseph Straus, 2015, izvirni znanstveni članek Opis: The progress of medicine is heavily dependent on the progress of science and technology, which in turn depend on costly and risky investment in research and development. In this contribution, based on some concrete examples, new scientific achievements are presented as basis of modern medicine and source of ethical concerns. Addressed are also the role of scientists in coping with safety in ethical concerns as regards hazards of new technologies, costs of R&D investment in drug development and the role of patents in this context. In some detail the legal situation existing at an international and European level as regards exclusions from patentability based on reasons of ethics and morals is presented. A critical appraisal of the case law of the Court of Justice of the European Union as regards patentability of embryonic stem cells is offered.
Ključne besede: ethics, scientific progress, costs of R&D, role of patents, CJEU case law
Objavljeno v DKUM: 08.10.2018; Ogledov: 960; Prenosov: 66
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