Slovenia - Enforcement of Money Judgments
Mia Kalaš, Senior Associate, Odvetniki Šelih & partnerji, o.p., d.n.o.
Originally from Enforcement of Money Judgments
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I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.
Even before Slovenia joined the European Union (EU) enforcement of foreign money judgments was regulated by the Private International Law and Procedure Act (PILPA). Subject to any international agreement regulating the matter in a different way, the relevant chapter titled “Recognition and enforcement of foreign decisions” of the PILPA is still applicable in enforcement of foreign money judgments issued in non-EU Member States, whereby it is worth noticing that reciprocity is enacted as one of the leading principles regarding recognition (and subsequent enforcement), whereby reciprocity shall be assumed until proven otherwise (and in case of doubt, an explanation shall be provided by the Ministry of Justice).
Under the general rules of supremacy of international treaties over national acts, the PILPA does not apply if recognition and enforcement of foreign money judgments is regulated by an international treaty. Slovenia is a signatory or a successor of several bilateral and multilateral agreements.