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Field of work
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Field of work
Constitutional Law and Human Rights Law
filing initiatives and requests for reviewing the constitutionality and legality of regulations
lodging constitutional complaints
representation in administrative disputes over human rights violations
lodging complaints with the European Court of Human Rights
EU Law
preliminary questions and representation before the Court of Justice of the European Union
compliance of national regulations with EU law
Property and Land Register Law
reviewing and drafting contracts for the transfer of title and the establishment of other rights in rem (e.g. mortgages, easements)
reviewing the legal status of immovable property
resolving disputes in property law cases (e.g. due to an encroachment on property rights, disturbance of possession, nuisances, border disputes)
resolving disputes regarding commonhold and co-ownership situations
resolving property disputes
representation in land registry proceedings
Tort Law
filing compensation claims and representation in proceedings before insurance companies
representation in proceedings before the courts
Contract Law
reviewing and drafting various contracts
representation in court proceedings regarding contractual disputes
Inheritance Law
reviewing and drafting delivery contracts, gift contracts, life care agreements, life estate contracts
reviewing and drafting inheritance distribution agreements
representation in inheritance disputes
Family Law
reviewing and drafting agreements for the liquidation of matrimonial property
representation in liquidation of matrimonial property litigation cases
representation in divorce litigation
resolving other arrangements between spouses / partners (custody rights, parental contacts, material support, etc.)
Claim Enforcement Law
representation in claim enforcement proceedings
filing request for the issuance of interim and preliminary injunctions
Labour Law
reviewing and drafting employment contracts, agency work contracts for construction projects
reviewing collective agreements
representing employers in disciplinary disputes as well as individual and collective labor disputes
representing employees in disciplinary and individual labor disputes
Insolvency Law
drafting legal opinions and performing legal counseling (e.g. resolving constitutional and other issues in the procedure of (simplified) compulsory settlement and in bankruptcy proceedings of a legal / natural person, as well as in bankruptcy over a deceased's estate, resolving issues in the relationships between subcontractors and contractors (in bankruptcy), investors (clients) and banks, challenging the debtor's legal actions)
representation in insolvency proceedings
Commercial Law
drafting legal opinions (e.g. liability of members of management and supervisory bodies, balancing claims of subsidiaries, protection of creditors and minority shareholders, squeeze-out of shareholders)
representation in commercial disputes
Public Procurement Law
representation in procurement procedures
Tax Law
representation in tax proceedings
Criminal and Misdemeanor Law
representation in misdemeanor proceedings
representation in criminal matters
About the attorney
Education
Faculty of Law, University of Ljubljana (1999-2004)
Graduation Thesis: The Role of the Supervisory Board in a Corporate Entity (cum laude) Mentor: Prof. Dr. Katarina Zajc
Faculty of Law, University of Maribor (2006-2011)
Master's Degree (EU Business Law, completed all examinations)
Transfer from Master's to Doctoral Graduate Program: Doctoral dissertation in the field of property law in preparation (2011)
Mentor: Prof. Dr. Renato Vrenčur
State Bar Exam (2007)
Work Experience
Internship, Ius Software d.o.o. (2003/04)
Attorney Trainee (2004/2005)
Judicial Trainee, Higher Court of Ljubljana (2005/2006)
Attorney Trainee (2006/2007)
Senior Judicial Advisor at the Supreme Court of the Republic of Slovenia (2007-2014)
Attorney in a Law Office (2014)
Independent Attorney at Law (2014)
Affiliations
Slovenian Bar Association (2014)
Scientific and professional articles
"Pravnik" Legal journal
Co-authored with Jasna Hudej: Controversial Substantive Issues Regarding Common Property with Particular Reference to Recent Case Law (No. 11/12, issue 65, 2010, p. 747-791)
Co-authored with Jasna Hudej: Controversial Procedural Issues Regarding Common Property with Particular Reference to Recent Case Law (No. 1/2, issue 66, 2011, p. 27-50)
Co-authored with Jasna Hudej: The Purchase Right under the Housing Act and the Spouse's Joint Property: Shared Benefits or Submission of Special Property into Joint Property? (No. 1, issue 69, 2014, p. 19/32)
"Podjetje in delo" Legal journal
On the Reasons for the Short Term Orientation of Directors as One of the Causes of the Financial Crisis and on the Concept of an "Enlightened Equity Management System for Companies" as a Mechanism for Achieving the Long Term Orientation of Directors (No. 1, issue 38, 2012, p. 123-142)
Some Controversial Issues of the Economic Unit Doctrine in EU Competition Law (No. 1, issue 39, 2013, p. 88-101)
The Relationship between Economic Freedoms and Trade Union Measures before and after the Treaty of Lisbon (No. 5, issue 39, 2013, p. 861-884)
Co-authored with Nika Hudej: Where the Legislature Targeted and What It Hit: A Discussion on the Constitutional Compliance of Conditions for Ordering a Financial Investigation under the Law on Confiscation of Illegal Property (No. 6/7, issue 42, 2016, p. 1254-1271)
"Odvetnik" Legal journal
Co-authored with Jasna Hudej: The Joint Property of Spouses - An Analysis of Recent Case-law with Commentary (No. 4, issue 17, 2015, p. 18-28)
Some Dilemmas Regarding the Principle of Trusting in the Land Register and the Effects of a Certified Land Registry Permit (No. 2, issue 18, 2017, p. 16-24)
"Pravna praksa" Legal journal
Co-authored with Jasna Hudej: Reconsidering Some of the Fundamental Starting Points of Property Law in the Transfer Real Estate Title (No. 3, issue 31, 2012, Annex, p. I-VII)
Co-authored with Jasna Hudej: On the Importance of Registering Property Rights (No. 8, issue 31, 2012, p. 18)
Co-authored with Jasna Hudej: The Public Sector Wage Act Amendment - Law in the Function of Politics (No. 36, issue 29, 2010, p. 6-7)
Who Will Judge Judges' Salaries? (No. 40/41, issue 28, 2009, p. 16-17)
Co-authored with Nika Hudej: Some Constitutional Dilemmas About the Procedure for Dispossession of Illegal Property (No. 5, issue 34, 2015, Annex, p. I-VII)
Published conference contributions
Co-authored with Jasna Hudej: Property Law Protection of the Legal Acquisition of Real Estate Title. (In Proceedings of the 5
th
Property and Land Register Law Days (5. dnevi stvarnega in zemljiškoknjižnega prava), Kranjska Gora, June 13-14, 2013, p. 45-58)
Co-authored with Jasna Hudej: A Discussion on the Importance of Issuing a Land Registry Permit and on Some Consequences of the Amended Regulations Regarding the Claim for Deletion from the Land Register (In Legal Yearbook of the Institute for Comparative Law at the Faculty of Law in Ljubljana, 2013, p. 39-53)
Co-authored with Jasna Hudej: Current Issues of the Claim for Deletion from the Land Register (In Proceedings of the 8
th
Property, Land Register, Non-contentious Procedure and Enforcement Law Days (8. dnevi stvarnega, zemljiškoknjižnega, nepravdnega in izvršilnega prava), Kranjska Gora, May 26-27, 2016, p. 15-26)
The Personal and Material Boundaries of the Principle of Trust in the Land Register (In Proceedings of the 9
xx
Property and Land Register Law Days (9. dnevi stvarnega in zemljiškoknjižnega prava), Bled, May 25-26, 2017, p. 105-117)
Co-authored with Žiga Razdrih: Investing Common Property into the Special Property of One of the Spouses with a Focus on Corporate Property Issues - de lege lata and de lege ferenda (In Sodobno stvarno pravo: izbrana poglavja - 2. del, Planet GV, 2017, p. 205-226)
Chapter in a monograph
Co-authored with Žiga Razdrih: Increasing the Value of Real Estate (Chapter 13). In Commentary to the Property Code, Book 1, Title and Condominium (Sodobno stvarno pravo, Planet GV and ABC nepremičnine, Ljubljana 2019, p. 273-292)
Current Property Law Issues in Insolvency Procedures. In Liber amicorum Anton Gašper Frantar (The Supreme Court of the Republic of Slovenia, Ljubljana 2020, p. 103-114)
Lectures
Current Issues Regarding Joint Property ("Aktualna vprašanja stvarnega prava" (Current Property Law Issues), Brdo pri Kranju, December 2010, Ministry of Justice)
Some Controversial Issues Regarding Joint Property of Spouses (Faculty of Law in Ljubljana, University of Ljubljana, February 2012, cooperation between the Supreme Court of the Republic of Slovenia and the Faculty of Law in Ljubljana)
Presentation of the Important Case Law of the Supreme Court of the Republic of Slovenia in 2012 ("Civilnopravna sodniška šola 2012" (Civil Law School for Judges 2012), Čatež ob Savi, Ministry of Justice)
On Some of the Consequences of the Constitutional Court of the Republic of Slovenia Decision Up-591/10 and the Changed Regulations Regarding the Claim for Deletion from the Land Register ("XI. Dnevi civilnega in gospodarskega prava" (The XI
th
Civil and Commercial Law Days), Portorož, April 2013, Institute for Comparative Law at the Faculty of Law in Ljubljana)
Property Law Protection in the Legal Acquisition of Real Estate Title ("5. dnevi stvarnega in zemljiškoknjižnega prava" (The 5
th
Property and Land Register Law Days), Kranjska Gora, June 2013, GV Založba)
Presentation of Important Supreme Court Decisions in the Field of Property Law, with Special Emphasis on the Problem of Privatization ("Aktualna vprašanja stvarnega prava" (Current Issues Regarding Property Law), Brdo pri Kranju, December 2013, Ministry of Justice)
Claim for Deletion from the Land Register Current Case Law ("Gospodarski subjekti na trgu, Aktualna vprašanja gospodarskega prava" (Corporate Entities on the Market, Current Issues of Commercial Law), Portorož, May 15-16, 2014)
Spouses' Joint Property - an Analysis of Recent Case Law ("Območni zbor odvetnikov v Ljubljani" (Ljubljana Regional Attorney at Law Gathering), September 2014)
Topical Issues Regarding the Claim for Deletion from the Land Register ("8. dnevi stvarnega, zemljiškoknjižnega, nepravdnega in izvršilnega prava" (The 8
th
Property, Land Register, Non-contentious Procedure and Enforcement Law Days), Kranjska Gora, May 2016, GV Založba)
Where the Legislature Targeted and What It Hit: A Discussion on the Constitutional Compliance of Conditions for Ordering a Financial Investigation under the Law on Confiscation of Illegal Property ("42. dnevi slovenskih pravnikov" (The 42
nd
Slovenian Lawyer Days), Portorož, October 2016; (co)running section: Deprivation of Property - Between Law and the Will of the Majority)
Some Dilemmas Regarding the Principle of Trusting in the Land Register ("Aktualna vprašanja zemljiškoknjižnega prava" (Current Issues Regarding Property Law), Ljubljana, December 2016, GV Založba)
Some Dilemmas Regarding the Principle of Trusting in the Land Register and the Effects of a Certified Land Registry Permit ("Odvetniška šola" (Law School), Portorož, April 7-8, 2017)
The Personal and Material Boundaries of the Principle of Trusting in the Land Register ("9. dnevi stvarnega in zemljiškoknjižnega prava" (The 9
th
Property and Land Register Law Days), Bled, May 2017, GV Založba)
Investing Joint Property in the Special Property of One of the Spouses with an Emphasis on Corporate Property Issues - de lege lata and de lege ferenda ("Stvarnopravni dnevi" (Property Law Days), Ljubljana, May 31-June 1, 2017, Planet GV)
Spouses' Common Property and Investments in Special Property ("Stvarnopravni dnevi" (Property Law Days), Ljubljana, May 30-31, 2019, Planet GV)
Foreign languages
English, German, Croatian, Serbian
Together we will
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Contact
Contact
Address
Attorney at Law Iztok Ščernjavič
Ulica Ivana Pengova 18
1230 Domžale
p. p. 90
Slovenia
Telephone
+386 31 687 561
Telefax No.
+386 1 5072 601
E-mail
info@op-scernjavic.si
Authorisation
Registration number:
2487705000
Tax number:
SI 57217912
IBAN:
SI56 6100 0000 7361 289
Fiduciary IBAN:
SI56 6100 0000 7360 416