It’s crucial to have efficient systems in place to settle disputes in a fair and timely manner because they are an inevitable aspect of both business and personal life. Slovenian civil procedure law is intended to offer a just method of settling disagreements between parties. The provisions of Slovenian civil procedure law pertaining to the modification of an action will be summarized in this article.

Amendment of an Action

Under the Slovenian Civil Procedure Act, a plaintiff has the right to amend an action up to the conclusion of the main hearing. The amendment may involve a change of the identity of the claim, an increase in the existing claim, or the putting forward of another claim in addition to the existing one. However, certain limitations exist regarding the amendment of an action.

Amendment with Defendant’s Consent

After the defendant is served with the initial claim and has engaged in the litigation procedure, their consent is generally required for any amendments to the action. However, the court may allow the amendment even if the defendant objects if it deems that it would be reasonable for the final resolution of relations between the parties. If the amendment results in a change of the jurisdiction of the court, it will be considered that the amendment of the action is not reasonable for the final resolution of relations between the parties. The defendant is deemed to have consented to the amendment of the action if they begin litigation based on the amended action without objecting to the amendment.

Amendment without Defendant’s Consent

Sometimes, the consent of a defendant is not required (for the plaintiff to amend the action). These circumstances include:

• The plaintiff claims another item or sum of money on the basis of the same facts.
• The plaintiff puts forward an interim declaratory claim in accordance with paragraph three of Article 181 of the Civil Procedure Act.

Substitution of Defendant (Subjective Amendment)

Until the conclusion of the main hearing, the plaintiff may amend the action by suing another person in place of the original defendant. An amendment to the action in this sense is subject to the consent of the person who is to enter the litigation in place of the defendant. If the defendant has (already) begun to argue in the litigation procedure on the merits of the case, their consent shall also be required. The person who enters the litigation in place of the defendant must accept the status of the litigation at the moment when they enter it.

Conclusion

In conclusion, the Slovenian Civil Procedure Act provides clear guidelines for amending an action in a civil proceeding. The plaintiff has the right to amend the action up to the conclusion of the main hearing, subject to certain limitations. The defendant’s consent is required for amendments to the action, except in specific circumstances as set out in the Act. Note that any court shall (or should) allow the defendant the necessary time to prepare for litigation on the action after it has been amended if they have not already had sufficient time. The effective resolution of relations between parties depends on the fair application of the rules and regulations governing the amendment of an action in Slovenian civil procedure law.

Need legal advice in Slovenia? – The first step is to contact a Slovenian law firm or individual Slovenian lawyers specializing in civil law and corporate law with extensive experience in litigation.

You can find more information on our legal services on our web page and more information on legal counsel in general on the web page of the  Bar Association of Slovenia. More information on the relevant legal acts, including the Civil Procedure Act can be found on the web page of the  Ministry of Justice.