Property law

Property law is part of general civil law that governs relations between legal subjects (persons) with regard to objects (things); at the same time, it is also part of the law of property, as it deals with rights in rem.

Property law governs legal relations to things (immovable and movable property) and rights in rem in the broadest sense. As rights of control, rights in rem are of a pecuniary nature and, with the exception of personal servitudes, are also transferable. Property law confers control in relation to other individuals, the object of that control being the thing itself. It should be emphasised that rights in rem are exclusive in nature, meaning that they have effect against everyone (“erga omnes”). The fundamental act of property law is the Property Code (SPZ). It governs the principles of property law, possession and rights in rem, and the manner of their acquisition, transfer, protection and termination. This field also includes certain other acts that supplement the Property Code as special regulations, such as the Land Register Act (ZZK-1), the Housing Act (SZ-1), the Act on the Protection of Buyers of Apartments and Single-Apartment Buildings (ZVKSES), the Act on the Establishment of Condominium Ownership in Certain Buildings and the Determination of the Associated Land (ZVEtL-1) and others.

Property transactions are among the most common transactions in people’s lives and involve a range of risks and pitfalls that individuals without legal knowledge can fall into. We therefore advise you to consult us before entering into property transactions and obtain all the necessary and useful information that will enable you to complete your transaction successfully and quickly, avoid potential risks and protect your property rights to the greatest possible extent.

Our company provides legal advice and assistance in arranging ownership and other property relationships:

• review of the land register status and encumbrances of a property before purchase,
• preparation of sales, gift and other contracts, and contracts establishing an easement or a mortgage/lien,
• preparation of land register consents (zemljiškoknjižno dovolilo) and applications for entry in the land register,
• advice on co-ownership, condominium ownership, possession and neighbour relations.

We work with a notary for the certification of signatures and other notarial services, and where representation before a court is required, we help you work with an attorney (odvetnik).