|Opis:||The content of the property right is defined in Article 37 of the Law of Property Code and contains the legal possibility of its holder to act in a certain way (facultas agendi). Its content is determined by its entitlements, namely the right to use and enjoy the things (ius utendi et fruendi), the right to possess the things (ius possidendi) and the right to have full dominion over property (ius abutendi). In addition, it also contains a legal protection claim, which means that the owner can ask anybody to refrain from violating his property right, for which various legal remedies are given him by the law. In accordance with Article 67 of the Constitution of the Republic of Slovenia, which determines that the law must determine the way of acquiring and enjoying property in such a way as to ensure its economic, social and ecological function, and with Article 69 of the Constitution of the Republic of Slovenia, which contains the rule that the property right in the real estate can be withdrawn on public benefit or restricted against compensation in kind or against compensation under the conditions laid down by law, the second paragraph of Article 37 of the Law of Property Code contains a provision that restrictions of the use, enjoyment and disposal can only be determined by the law. This ensures the constitutional protection of property rights against arbitrary interventions by the state, self-governing local communities and other kinds of public authorities. The legal protection of the owner, as well as the bonitarian owner, is ensured through a property lawsuit (rei vindicatio), a publician action (actio publiciana) and a negative or prohibition action (actio negatoria).
The new Spatial Management Act (ZUreP-2) came into force from June 1st 2018 and it governs expropriation in a slightly different way as the predecessor. The legal regime of the built public good, which was previously regulated in the Construction Act, and a certificate on land use, previously regulated by the Spatial Planning Act, are moved to the ZUreP-2. The new law upgrades the legal regime of the legal pre-emptive right of the municipality in settlement areas that spread to the state as a pre-beneficiary, and to areas of other types of real estate. The ownership right is encroached by a number of public law regulations, in particular for the protection of the public interest. In this, the most serious interference with property right as a fundamental human right is certainly the expropriation. In order to allow it, several conditions must undoubtedly be met, among which the public interest is undoubtedly found in the first place.
We are talking about actual expropriations when the property is taken away from the owner for the purpose of regulating the status of public roads and therefore the usage of the property is disabled even before the final decision on expropriation has been finalized. The judicial practice has drawn up a number of points that are available to the affected real estate owner. In such cases, it is not possible to exclude property protection in litigation proceedings if all elements of Article 99 of the Law of Property Code are given for it.|