Commercial Dispute

commercial-disputeA commercial dispute in Slovenia is a dispute where the parties to the dispute are economic operators. Economic operators include (Bohinc, 2008, p. 39):

  • Companies,
  • Other legal entities engaged in a gainful activity (banks, insurance companies, brokerage houses, cooperatives),
  • Individual entrepreneurs,
  • Other legal entities, where, in accordance with the regulation, they also occasionally or in the course of their predominant activity engage in a gainful activity, in the case of contracts related to such gainful activity (institutes, institutions, associations).

In resolving disputes in the courts, the provisions of the procedure in commercial disputes of the Code of Civil Procedure (hereinafter: ZPP) – Chapter 32 should be observed, namely:
In disputes in which each of the parties is one of the following persons: a company, an institute (including a public institute), a cooperative, a state or a self-governing local community, their is very import to have a good lawyer in slovenian – solicitor –

  • In disputes arising from the mutual legal relations of sole proprietorships of individuals (arising out of gainful activity) and in disputes arising from legal relations that have arisen between sole proprietors and persons referred to in the previous indent (Law on Civil Procedure in Item 2 of the first paragraph of 481 If one of the parties ceases to be an economic entity after the commencement of the proceedings, the local court may not, in accordance with the provision of Article 19, rule on the substance of the case and refer the case to the district court (as commercial dispute) .- See: VSL Decision I Cp 1713/99);
  • In disputes between shareholders, partners and companies and companies and companies and members of corporate governance bodies to which company law is to be applied;
  • In disputes between founders of institutions (including public ones) arising from their mutual legal relations regarding the establishment, status changes or liquidation of institutions;
  • In disputes between cooperatives, cooperatives and cooperatives, and cooperatives and members of governing bodies to which cooperative law should apply
  • In disputes relating to ships and navigation at sea, and in disputes governed by the law of navigation, except in disputes concerning the carriage of passengers;
  • In disputes arising from entries in the court register;
  • In disputes arising from concession contracts;
  • Disputes over the cancellation of an arbitration agreement and in disputes for the annulment of an arbitral award where it relates to a dispute to be resolved by a court under the rules of procedure in commercial disputes;
  • In disputes relating to the protection or use of inventions and signs of distinction or the right to use a company, and in disputes relating to the protection of competition;
  • In disputes arising out of bankruptcy proceedings.

The rules of procedure in commercial disputes shall not apply in disputes concerning rights in rem over immovable property and movable property and in disputes concerning the disturbance of possession.

In the economy, most of the disputes arise from a breach of contractual obligations, which is the relationship between the parties under which one party (creditor) is entitled to require the other party (debtor) to fulfill an obligation, and the debtor is obliged to fulfill that obligation. Fulfillment can be a charge, a service, a permit or a waiver (Bohinc, 2008, p.15).

Commercial disputes can be resolved through judicial or out-of-court way. The notion of out-of-court or alternative or alternative means of dispute resolution encompasses various methods by which the parties can, as a rule, resolve their disputed relationship without complex litigation. Disputes that are settled through a court are subject to litigation in a competent court through oral, direct and public hearing. Out of court, however, disputes are resolved through alternative means of resolution, such as arbitration, mediation, settlement, neutral peer review …
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