Contract law governs contractual relationships between contracting parties. A contractual relationship constitutes a specific legal relationship, in which one party (debtor) is obliged to give, provide, waive or allow something, while the second party (creditor) acquires the right to request the performance of such an obligation from the debtor. A contractual relationship between parties is established by a legal transaction (contract). There are numerous types of contracts, some of which are already well-known (e.g. sales contract), while others contain a collage of different agreements between contracting parties. Parties participating in a legal transaction are free to stipulate the content of such transaction and may strike any type of agreement between themselves, since the law does not limit the nature and content of their cooperation. However, such an agreement must not violate national constitutions, peremptory norms or moral principles. A carefully drafted contract may save clients a great deal of time and money, should the implementation of such a contract be subject to any problems.
The Bobič Law Firm provides the following services in the field of contract law:
- drafting of all types of contracts and annexes,
- review of all types of contracts, drafting proposals for the improvement of contracts and pointing out potentially ambiguous contractual provisions,
- interpretation of all types of contracts and all concepts and terms in the field of contract law,
- legal advice in the event of a breach of contract by a contracting party,
- drafting different formal notices regarding breach of contract or contract termination, as well as various claims related to the performance of contractual obligations,
- drafting claims and filing legal actions due to the failure of performing contractual obligations or due to the defective performance of such obligations,
- drafting legal opinions with respect to matters in the field of contract law in writing.
Tort law is one of the areas in which the Bobič Law Firm possesses the most extensive experience.
Tort law encompasses a broad range of legal rules and principles dealing with loss events, which give individuals the right to seek compensation from responsible persons or entities. Tort law stipulates rules, which enable us to determine who is responsible for the damage or loss, in which cases individuals are entitled to receive compensation and what is the amount of such compensation. Tort law distinguishes between pecuniary and non-pecuniary loss, whereby pecuniary loss usually includes basic loss (decrease in property value) and the loss of profit (where the injured party is prevented from increasing the value of property). Non-pecuniary loss includes physical and mental pain and suffering, fear, decrease in regular everyday activities and injury to legal entities’ reputation. Such loss or damage may be reimbursed in monetary (monetary compensation) or non-monetary form (e.g. publication of corrections, withdrawal of statement or any solution aimed at achieving reparation). The aim of such reimbursement of loss or damages is to allow for the reestablishment of a situation that existed before the loss event.
We also have vast experience in tort proceedings against insurance undertakings, in which we strive to obtain the highest possible compensation to our clients in the pre-litigation phase. If necessary, we compile and lodge an action and represent our clients in court proceedings.
The Bobič Law Firm assists clients in achieving a just compensation in line with the case law and practices applied by insurance undertakings in the Republic of Slovenia. The most frequent cases in which the Bobič Law Firm represents both injured parties and liable persons include:
- traffic accidents,
- accidents at work,
- civil liability,
- medical errors, errors committed by attorneys-at-law, etc.
The Bobič Law Firm provides the following services in the field of tort law:
- compilation of claims for damages and legal actions, as well as the recovery and enforcement of compensations from liable persons or insurance undertakings in all types of loss events (traffic accidents, falls due to inappropriately maintained surfaces, accidents and injuries at work, dog attacks, causing bodily harm or injury, etc.),
- representation of injured parties in tort proceedings before a court,
- representation of liable persons in the event of claims for damages filed by third parties or recourse claims,
- review of documentation and the assessment of injured party’s odds in the event of lodging a claim for damages or a legal action,
- drafting legal opinions in the field of tort law in line with applicable case law and practices applied by insurance undertakings.
The efficiency of recovering or enforcing financial obligations also depends in the knowledge and commitment of participants in business transactions. The Bobič Law Firm provides its clients with the best possible likelihood of recovering their claims in Slovenia. In cooperation with our foreign partners, we are also able to provide the same service abroad. Every case is considered in a holistic manner. Initially, we send an out-of-court reminder to the debtor and establish the value of their property/assets. In the event of default, we file an application for enforcement.
The purpose of enforcement proceedings is to guarantee payment to creditors. An application for enforcement, which is based on an authentic instrument, may be lodged electronically, however, if the debtor presents their objections, the proceedings continue before a court similarly to any other litigations, which normally require legal representation. Since court proceedings are subject to statutory terms, we always advise our clients to confer the necessary power of attorney in a timely fashion. If the event of absence of an enforceable instrument, the creditor must first obtain an adequate enforceable instrument (e.g. a final court decision or judgement), since an application for enforcement may only be lodged on the basis of an adequate enforceable instrument.
The Bobič Law Firm provides the following services in the field of enforcements:
- review of documentation and drafting of various reminders calling upon debtors fulfil their obligations,
- drafting different agreements regarding out-of-court dispute resolution (e.g. offsetting or settlement of claims, assignment of a claim, etc.),
- drafting agreements regulating the assignment of claims,
- review of outstanding claims and the assessment of clients’ odds for a successful enforcement of claims in the scope of proceedings before a court,
- drafting legal actions and applications for enforcement; representation of clients in court proceedings,
- drafting objections against enforcement orders (in the event of un unfounded application for enforcement),
- drafting legal opinions regarding different legal rules, principles or practices in the enforcement proceedings by considering both theoretical premises of law and case law,
- registration and pursuit of claims in bankruptcy and compulsory settlement proceedings.
Real Estate Law
Real estate law is a branch of property law, which regulates different types or ownership and other property rights on real estate. Real estate law also encompasses all rules governing the transfer of title between persons (for instance, on the basis of different contracts, law – prescription, decisions issued by courts or bodies, etc.) and rules related to the Land Register. In practice, individuals cannot claim to be the owner of real estate until their name had been registered in the Land Register. This is why all legal transactions involving real estate must be carried out in a way that results in the registration of title (or any other right) into the Land Register. Otherwise, abuse, which significantly encroaches upon the assets of individuals, may occur.
The Bobič Law Firm provides the following services in the field of real estate law:
- drafting all types of contracts and agreements for the transfer of title on real estate and the implementation of the entire procedure regarding such transfer (e.g. sales contract, deeds of gift, exchange contract, etc.),
- drafting easement agreements for the institution of various easement rights (e-g- for the purpose of determining the right of way, for the purpose of laying municipal pipelines or establishing personal easement, etc.),
- drafting legal opinions regarding the selection of the most favourable procedure for transferring title,
- obtaining all necessary permits, decisions and certificates for the purpose of authenticating a sales contract, deed of gift or any other type of contract or agreement; the organisation of signature authentication (e.g. obtaining a certificate regarding the eligible use of land, a decision issued by an administrative unit regarding the authorisation of a legal transaction or a decision issued by an administrative unit stating that such an authorisation was not deemed necessary, etc.),
- implementation of a procedure for the distribution of joint ownership (distribution of joint ownership on the basis of a join ownership distribution contract or on the basis of other types of contracts and agreements or in the scope of non-contentious proceedings regarding the distribution of joint ownership),
- representation of clients in court proceedings regarding real estate.
Succession law governs the rules applicable to the transfer of the deceased’s property onto his or her successors in title (heirs or legatees (beneficiaries of a will)). Succession law distinguishes between intestate and testate succession. In intestate succession, the heirs are defined and determined by applicable legislation. Intestate succession procedure is applied when the deceased did not leave a will or testament. In testate succession, heirs are defined and determined by the deceased in his or her will or testament. Testate succession takes precedence over intestate succession, which is why testate succession applies in all cases, in which the deceased left a will or testament. However, testate succession must also consider the principle of forced heirship. Even though succession contracts and agreements stipulated or entered into by the intestate (de cuius) during his or her lifetime (e.g. gifts mortis causa, deeds of conveyance, lifetime care contracts, care and maintenance contracts) do not fall into the scope of succession law, they require particular attention.
The Bobič Law Firm provides the following services in the field of succession:
- legal advice and representation before a court in succession proceedings,
- drafting statements regarding the waiver of succession and providing explanations regarding such waivers and their legal implications,
- legal advice regarding the composition of wills and testaments,
- legal advice and drafting of contracts and agreements regarding the most appropriate way of transferring title onto one’s successors (e.g. deeds of gift, deeds of conveyance, lifetime care contracts, care and maintenance contracts, wills and testaments), including the provision of advice regarding tax issues,
- execution of procedures related to the distribution of joint property (out-of-court on the basis of a contract or before a court in the scope of non-contentious proceedings).
An extramarital cohabitation may fall apart if only one of the partners expresses their will to break away from the partnership, while a separation or divorce may formally begin only by filing a motion for divorce before a competent court. Such a motion is lodged by one of the spouses against their former spouse. However, a marriage may also be dissolved amicably, if both spouses agree to the divorce and are able to reach an amicable settlement of issues related to the divorce, custody of children, contacts with children, distribution of property and other matters.
When a marriage or extramarital cohabitation between parents falls apart, parents need to resolve issues regarding custody, i.e. the award of custody over a child’s protection, education and care, as well as the issue of determining the contact arrangements between parents and children. In the event of new or changed circumstances, the contact arrangements between parents and children must be changed, so that such contacts are in the children’s best interest.
Maintenance obligations are obligations imposed on parents by the Marriage and Family Relations Act, while the amount of maintenance obligations depends on children’s needs and on parents’ capability of contributing towards children’s maintenance. Following the dissolution of marriage or extramarital cohabitation, the distribution of property, which is jointly owned by former spouses or partners, must also be defined.
The Bobič Law Firm provides the following services:
- legal advice and drafting of a motion for an amicable divorce,
- representation of clients in divorce proceedings,
- representation of clients and advice in proceedings related to the award of custody over children’s protection, education and care,
- arranging the scope of contacts between parents and children and any changes to the established contacts,
- determining maintenance obligations and increasing/decreasing such obligations, distribution of joint property.