As a creditor in a legal dispute, it is essential to not only focus on the substance of the case but also on ensuring the enforcement of the claim. A judgement in favor of the claimant is of little value if the debtor has, in the meantime, ensured that enforcement is impossible. This is where interim injunctions come in – they serve as a crucial preventive measure in ensuring a successful enforcement of a monetary claim. In this article, we will discuss the provisions of interim injunctions for monetary claims as laid out in Slovenian law, specifically under Articles 267, 270, and 271 of the Slovenian Enforcement and Security Act (ZIZ).

What are Interim Injunctions and When Can They Be Issued?

An interim injunction is a temporary court order that can be issued before, during, or after court proceedings until the conditions for enforcement have been met. Interim injunctions are granted by the court to secure a monetary claim if the creditor demonstrates the probability that the claim exists or is about to arise, and if the creditor can prove the existence of a risk that enforcement of the claim will be impossible or impeded. 

Conditions for Temporary Injunctions

Article 270 of the ZIZ lays out the conditions for temporary injunctions. The court shall grant an interim injunction if the creditor demonstrates the probability that the claim against the debtor exists or is about to arise, and the creditor proves the existence of a risk that the enforcement of the claim is likely to be rendered impossible or considerably impeded due to the alienation, concealment, or other manner of disposal of property by the debtor. The creditor does not have to prove the risk if they can prove that the interim injunction will cause only insignificant loss to the debtor.

Types of Interim Injunctions

Article 271 of the ZIZ lists the different types of interim injunctions that the court may issue to secure a monetary claim. These include:

• Prohibiting the debtor from disposing of movable property and ensuring the safekeeping of this property

• Prohibiting the debtor from alienating or encumbering immovable property or real rights entered in the land registry

• Prohibiting the debtor’s debtor from paying the claim to the debtor or handing over property to the creditor and prohibiting the debtor from receiving property, collecting a claim, or disposing of such property and/or claims

• Ordering a payment organization not to pay the amount of money for which the interim injunction was granted from the debtor’s account to the debtor or to any other person by order of the debtor.

Note that the prohibition of disposing of movable property is entered by the court based on a decision on interim injunction.

In conclusion, interim injunctions can be a crucial preventive measure in ensuring the subsequent enforcement of a monetary claim. They are available at various stages of court proceedings, from before proceedings have been instituted to after proceedings have been concluded, until the conditions for enforcement have been fulfilled.

It is important for claimants to remember that a judgement in their favor may be of little value if the debtor has taken steps to make enforcement impossible. This is why interim injunctions can be a useful tool for claimants, allowing them to secure their monetary claim while the court proceedings are ongoing.

In light of the importance of interim injunctions, it is crucial for claimants to be represented by a competent and experienced legal professional who has a deep understanding of Slovenian law and the intricacies of interim injunctions. A good legal advisor will be able to guide claimants through the process of obtaining an interim injunction, including the steps required to demonstrate the probability of the claim and the existence of a risk to enforcement, and help them make the most of this valuable tool.

Both in case of a business owner looking to secure a monetary claim, or an individual who has a legal dispute with another party, seeking the assistance of a legal professional can be a smart move in helping secure rights and protect interests. A law firm, which has a team of experienced lawyers who specialize in interim injunctions can provide help to make the most of this legal tool.