Legal System in Slovenia

Appeals

Slovenian civil law recognizes two “types” or “levels” of legal remedies: ordinary appeal against first instance judgments and extraordinary judicial review.

The judgment issued by the court of first instance may be appealed within 15 days from the day of service of the judgment, unless another time period is provided by the Civil Procedure Act. In disputes involving bills of exchange and cheques such period is eight days. A timely institution of an appeal shall prevent the judgment from becoming final in respect of the part subject to the appeal.

The Court of second instance (higher courts) decides on appeals. First-instance judgments may be appealed on grounds of severe violation of civil procedure provisions, of erroneous or incomplete determination of state of facts or of violation of substantive law.

As a rule, the court of second instance shall decide on the appeals without hearing the parties. The court of second instance shall examine the judgment only in respect of those parts which are subject to attack and within limits of reasons stated in the appeal. However, the court should always be bound by virtue of office to inquire into several severe violations of civil procedure provisions.

A judgment of the first and second-instance courts may be subject to further legal remedies, namely revision, request for protection of legality, reopening of proceedings and action for annulment of a court settlement.