In the context of real property disputes and disputes relating to real estate with a cross-border
element, we are confronted with the coexistence of international (European) and national rules
on jurisdiction, the applicable law for their settlement and the recognition and enforcement of
judgments rendered in the disputes in question. The aim of the Master's thesis is to present the
relevant European and Slovenian positive law regimes, their specificities, similarities and
differences, and to define the relationship between the respective acts.
Real property disputes differ from other disputes with a cross-border element because of the specific, accentuated interests of individual States in this area, as decisions on real property relations directly interfere with the principle of territorial sovereignty and State's economic and political interests. It is therefore in the interest of States to maintain control over affairs within their borders and to keep the jurisdiction over these disputes as far as possible in the hands of their authorities. It is also in the interest of States that relations regarding rights in rem in immovable property are judged in accordance with their national substantive (property) law, as this allows for uniformity of the legal regime and prevents the interference of elements of foreign laws in the national legal system. Despite the interests of States on the one hand, it should be remembered that we are primarily in the sphere of private, civil law relations, where one of the guiding principles is the autonomy of the wills of the parties. The European and national (Slovenian) legislator are thus faced with the challenge of reconciling the
complementary interests of the States on the one hand, and their subjects on the other.
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