Yes. The Act Ratifying the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children was published in the official Gazette and it entered into force on 3.08. 2004.

1.1 Which law applies to questions of custody and legal representation of a minor? Which criteria are used to determine the applicable law?

Conflict rules of the Hague Convention are universally applicable and supersede the autonomous private international law of the contracting states, including Slovenia. Under Article 16 and 17 of the Hague Convention, the applicable law for matters of custody and legal representation is the law of the State on whose territory the minor has his/her habitual residence.

Slovenian private law is regulated in the International private law and procedure act (PIL) (1999). Under Article 42 of Slovenian PIL, the relations between parents and children shall be assessed under the law of the country of whose citizens they are (lex nationalis). If parents and their children are citizens of different countries, then the law of the country of joint permanent residence shall be used. If parents and their children are citizens of different countries and do not have permanent residence in the same country, then the law of the country whose citizen the child is shall be used.

1.2 Which authority has international and territorial jurisdiction concerning questions of custody?

The Hague Convention will only operate with countries which are not members of the European Union. Applications from European Union countries will be dealt with under the revised Brussels II Regulation. Brussels IIa extends the European rules of jurisdiction to matters of parental responsibility generally. The Regulation expressly extends to rights of custody. The principal rule is that the courts of a Member State have jurisdiction in respect of a child who is habitually resident in that state (Article 8). There are significant complexities in working out where a child is habitually resident. The habitual residence of children is generally treated as being dependent upon that of the persons with parental responsibility for the child. According to Article 61(a), Brussels IIa takes precedence over the Hague Convention CPC if (and only if) the minor child is habitually resident in a Member State as described in Article 2 definition 3. As far as the lex fori is concerned, Article 14 gives precedence to Brussels IIa as long as a court in any Member State is competent under Articles 8 to 13.2. If no Member State has jurisdiction under Articles 8 to 13 but the minor child is habitually resident in a Contracting State of the Hague Convention, this Convention shall apply and take precedence over any ground for jurisdiction under the lex fori. Under Article 5 of the Hague Convention, the judicial or administrative authorities of the Contracting State of the habitual residence of the child have jurisdiction to take measures directed to the protection of the child’s person or property. If a minor has habitual residence in a non-Member State and the state is not a party to the Hague Convention, private international rules of that state will be applicable to determine the international jurisdiction. To conclude: Brussels IIa applies where the minor habitually resides in a Member State within the definition given by Article 2.3; the Hague Convention applies where the minor habitually resides in a non-Member of Regulation 2201/2003 Contracting State; national law i.e. the lex fori applies when the minor resides out of the area of both aforementioned instruments.

Slovenian courts have international and territorial jurisdiction.

1.3 Which authority has international and territorial jurisdiction concerning questions of representation?

      The same as above in 1.2.

Parental rights shall cease when the child reaches legal maturity, that is when it reaches eighteen years of age, or if the child concludes marriage prior to reaching this age. A person under the age of legal maturity shall achieve full business competence on concluding marriage. A minor who has become a parent may also obtain full business competence, if there are important reasons for this. A court shall decide on this on the proposal of the centre for social work.

A minor who has reached fifteen years of age may him/herself conclude legal business unless otherwise determined by law. The approval of the parents is required for the validity of such business if it is of such importance as essentially to influence the life of the minor, or if it is such that it may also influence his/her life after achieving maturity.

A minor who has reached the age of fifteen and is employed may dispose of his/her own personal income. In this, the minor is obliged to contribute to his/her subsistence and education.

A minor may, upon reaching 15 years, autonomously (if the minor is in sound mind):

• Make a last will (Succession ACT)
• Enter into marriage (according to the Law on marriage and family relations)
• Acknowledge fatherhood (according to the Law on marriage and family relations)
• Enter into work relationships, etc.

When the minor riches 10 years, he or she must give the consent for adoption

2.1 Is it possible that in some cases the legal capacity of a minor is extended (e.g. right to get married, right to make last will)?

2.1.1 Is a decision required to extend the legal capacity? If so, who is competent to decide on the extension of the legal capacity?

2.1.2 List the transactions that the minor may enter into alone (e.g. the right to make a last will) with reference whether approval of some other person or authority is necessary for such transactions.

Centres for social work may, if there are well-founded reasons for this, allow the concluding of marriage between persons who are not yet 18 years of age.

Prior to a centre for social work allowing a minor to conclude marriage under Article 23 of the Law on marriage and family relations act, it must interview him/her, the person with whom he/she intends to conclude marriage, and the (minor’s) parents or guardians.

To draw up a will a person must have due legal capacity and be at least 15 years of age and does not need consent.

Cf. point 2.

Both parents jointly

If parents do not or will not live together any longer, they must agree on the care and upbringing of their joint children in accordance with the children’s interests. They may agree that both of them have or continue with the care and upbringing of the children, or that all children are entrusted into the care and upbringing of one of the parents, or that some children are entrusted to one parent and other children to the other parent. If parents fail to agree by themselves on the matter, a social work centre shall assist them in reaching an agreement. If parents agree on the care and upbringing of the children, they may propose that the court issue a decision thereon in a non-litigious procedure. If the court establishes that such agreement is not in accordance with the children’s interests, it shall reject the proposal. (Article 105 Law on marriage and family relations.).

The parents exercise parental rights by common consent in accordance with the child’s interest. If parents fail to agree by themselves on a matter, a social work centre shall assist them in reaching an agreement. When parents do not live together and are not both in charge of the child’s care and upbringing, they shall both decide by common consent, in accordance with the child’s interest, on issues which essentially influence the child’s development. If parents fail to agree by themselves on a matter, a social work centre shall assist them in reaching an agreement. Issues concerning the child’s daily life shall be decided by the parent who is in charge of the child’s care and upbringing. If, even with the assistance of a social work centre, the parents fail to agree on issues essentially influencing the child’s development in cases referred to in the preceding paragraphs, the court shall decide thereon in a non-litigious procedure at the request of one or both parents. The proposal must be accompanied by a supporting document from a competent social work centre, stating that the parents tried to agree on the exercise of parental rights with its assistance. (Article 105 Law on marriage and family relations.).

If both parents have custody of the child, they must agree on the child’s permanent place of residence and which of them should be served notice in respect of the child. Parents must manage the property of a child in the child’s interests until he or she reaches the age of majority (Article 109 Law on marriage and family relations.).

As a general rule, parents must exercise their parental rights by mutual agreement in accordance with the interests of the child. Where parents are living apart but custody of the child is not shared, they must mutually decide questions which significantly influence the child’s development in accordance with the interests of the child.

If the parents are unable or unwilling to exercise parental responsibility over their children, a child may be cared for by other persons (foster family) or institutions. The Social Services Centre may remove a child from its parents and put it in the custody of a third person or institution if the parents neglect the child’s care or if it is otherwise in the child’s interests (Art. 120 Law on marriage and family relations.).

3.1 What is the scope of the right of custody?

The purpose of guardianship of minors is care, upbringing and education. Guardianship also has the purpose of protecting the material and other rights and benefits of persons who are wards.

A minor under guardianship who is fifteen years of age or more may him/herself conclude his/her own legal business but the approval of the guardian is necessary for the validity of such business, and for business for which the guardian him/herself does not give consent, the approval of the centre for social work is necessary.

A minor under guardianship who is fifteen years old or more may dispose of his/her own personal income, whereby he is bound to contribute to his subsistence and education.

3.2 Who will appoint the custodian(s), if either one or both parents/custodians are not able to act anymore (e.g. in case of death or loss of legal capacity)?

Under the Slovenian Marriage and Family Relations Act, parental care belongs only to the parents. If a minor needs alternative care the guardian or foster carer may be appointed to such minor.

A centre for social work shall place in guardianship a minor who does not have parents or for whom the parents do not take care.

The guardian of a minor is bound to take care of him/her as would the parents of a minor.

3.2.1 On who’s proposal and when the decision on appointment of custody is made?

Whenever the centre for social work knows that someone needs to be put under guardianship, it shall decide immediately everything necessary for the protection of the person’s personality and his/her rights and benefits and commence the proceedings for placing them under guardianship. A procedure for placing a person under guardianship and appointing a guardian is urgent.

A guardian may be appointed by the Centre for social work in all cases. In general, the CSW has to issue consent or an agreement for a legal transaction. According to Section 5 of the Marriage and Family Relations Act (ZZDR), a minor is placed under custodianship if he/she has no parents or is not taken care of by the parents. The guardian must take care of the child with the same care as a parent, but he/she does not have to financially maintain the child and has no obligation to have the child at his/her own home. A minor under guardianship may, at the age of 15, enter legal transactions alone, but for the validity of such transactions, consent of the guardian is required, and for transactions that cannot be handled by a guardian, permission of the CSW is needed. A minor under guardianship may, at the age of 15, dispose of his/her special property, and must contribute to the cost of his/her maintenance and education (Article 203 MFRA).

3.2.2 Is the competent authority free in its choice of a new custodian?

A person shall be made a guardian if he/she has the personal characteristics and capacities necessary for carrying out the obligations of a guardian and if she/he consents to be a guardian. Parents may express their opinion on who may be appointed as guardian (especially with the last will), but the centre for social work has the obligation to examine the capacities of the named person. Furthermore, also close relatives may agree on the most appropriate person, but the centre for social work has the obligation to examine the capacities of the named person. If the minor is capable of understanding the meaning of the situation (there is no age limit for hearing the minor, but the authority is obliged to examine the minor in each single case), the centre for social work will hear the minor or the minor may express his/her opinion through the person by his/her trust.

The centre for social work may change its previous decision in relation to guardianship if this is to the ward’s benefit and if this does not thus infringe the rights of others. The centre for social work may always replace the appointed custodian, if the person appointed is not able to perform the custodianship anymore. The powers of the custodian may also be modified according to the minor’s needs.

3.2.3 Can the right of custody belong to several persons? Is it possible to have different custodians for different areas (care of property/care of the child itself)?

No. The custody over a minor cannot be granted to several people.

– Permanent guardianship: the Social Work Centre appoints a guardian to a person with partial or full loss of legal capacity

– special case guardianship: the Social Work Centre appoints a guardian for a certain type of tasks to a person whose residence is unknown and does not have a representative (e.g. in an inheritance proceedings there is an heir whom we know is alive and lives somewhere abroad; but we do not know his/her address and thus are unable to contact him/her about the proceedings), an unknown owner of the assets, when it is necessary to take care of it (the assets are in an appalling condition, but the owner is not known or there is an ongoing procedure to determine the owner – denationalisation procedures), in other cases when it is necessary to protect the rights and interests of individuals.

Guardianship for minors ends when the minor reaches the full age (18) of maturity. Only if the minor is not capable (person deprived of capacity to contract), he/she may be appointed guardian.

3.3 How and by whom will be determined the right of custody if the parents are arguing about it? Is there a difference between married and unmarried couples?

The parents exercise parental rights by common consent in accordance with the child’s interest. If parents fail to agree by themselves on a matter, a social work centre shall assist them in reaching an agreement.

When parents do not live together and are not both in charge of the child’s care and upbringing, they shall both decide by common consent, in accordance with the child’s interest, on issues which essentially influence the child’s development. If parents fail to agree by themselves on a matter, a social work centre shall assist them in reaching an agreement. Issues concerning the child’s daily life shall be decided by the parent who is in charge of the child’s care and upbringing.

If, even with the assistance of a social work centre, the parents fail to agree on issues essentially influencing the child’s development in cases referred to in the preceding paragraphs, the court shall decide thereon in a non-litigious procedure at the request of one or both parents. The proposal must be accompanied by a supporting document from a competent social work centre, stating that the parents tried to agree on the exercise of parental rights with its assistance. (Article 105 Law on marriage and family relations.).

Before the court rules on the case, it must seek the opinion of the Social Services Centre in the interests of the child. The court must also take account of the child’s opinion, if it is expressed by the child itself or through a person that the child has chosen and trusts and the child is capable of understanding the significance and consequences. An application by the parents for a court decision must be accompanied by proof from the relevant Social Services Centre that the parents tried to reach agreement on the custody of their joint children with its help (Articles 105, 105(a) and 106 ZZZDR).

Where parents are living apart but custody of the child is not shared, they must mutually decide questions which significantly influence the child’s development in accordance with the interests of the child. If the parents cannot agree, the Social Services Centre will help them to reach agreement. Whichever parent has custody of the child must decide matters which affect the child’s day-to-day living. If in such cases the parents cannot agree on questions which significantly influence the child’s development, even with the help of the Social Services, the decision is taken by a court, on a proposal by one or both of the parents, in uncontested proceedings (Article 113 ZZZDR).

3.4 May the right of custody be transferred to another person by means of a power of attorney?

Parents as legal representatives of the child can authorise a third party for specific legal transactions.

3.4.1 Is the consent of all custodians to the transfer mandatory?

3.4.2 Are there any restrictions to this type of power of attorney (for example the right of custody may not be transferred in its entirety?

3.4.3 What are the formal requirements for this type of power of attorney?

The custody cannot be passed in its entirety to a third party by power of attorney. The authorisation for a legal transaction, the subject of which is property, must carry an authenticated signature. This, however, does not exclude the approval of the transaction by the CSW.

Both parents jointly

Article 107 of the Law on marriage and family relations lays down rules on the representation of children, action on their behalf vis-à-vis the outside world and the management of their property. Minors are represented by their parents. If notice has to be served on a minor, it may also legitimately be served on one of the parents or, if the parents do not live together, on the parent living with the child.

A child’s property shall be administered by parents in the child’s interest until the child’s full age.

If a child does not have parents, a permanent custodian is appointed to represent the child.

4.1 Who will appoint the legal representatives, if either one or all parents/other persons) are not able to act anymore (e.g. in case of death or loss of legal capacity)?

The Social Work Centre

A guardian shall represent a ward.

A Social Work Centre shall represent the ward if it performs the function of guardian itself or if it has restricted the guardian’s rights and has decided that it will represent the ward itself.

A guardian may conclude legal business with the ward for which he/she is caring only if a social work centre agrees that this is in the interest of the ward and approves such business in advance.

4.1.1 On who’s proposal and when the decision on appointment of a legal representative is made?

A child is placed under guardianship if he/she has no parents or is not taken care of by the parents, or they are deprived of parental care or capacity to contract. The guardian must take care of the child with the same care as a parent, but he/she does not have to financially maintain the child and has no obligation to have the child at his/her own home.

4.1.2 Is the competent authority free in its choice of a new legal representative?

If the minor is capable of understanding the situation (there is no age limit for hearing the minor, but the authority is obligated to examine the minor in each single case), the authority will hear the minor or the minor may express his/her opinion through the person by his/her trust.

For a person in need of guardianship, the Social Work Centre nominates a guardian whose function is voluntary. A guardian must be a person with the personal characteristics and capabilities needed of a guardian and who agrees to be a guardian (Article 179 Law on marriage and family relations). Although a guardian is not required to provide accommodation for his/her ward and personally takes care of his/her everyday care and protection, the guardian is the legal representative of the ward.

A guardian cannot be a person: (a) deprived of the parental right; (b) without capacity to contract; (c) whose interests conflict with the interests of the ward; (d) who, regarding his/her personal characteristics or relationship to the ward or his/ her parents, cannot be expected to exercise the obligations of a guardian in a proper way (Article 181 Law on marriage and family relations).

In the nomination of a guardian, the wishes of the ward are respected if the ward expresses them and if he/she is capable of understanding the meaning and consequences of guardianship, and if appointing a guardian is for the benefit of the ward. Similarly, the wishes of the guardian’s spouse, cohabitant or their relatives of kin may be respected if this will benefit the ward.                                     

Certain affairs are so important that the guardian cannot act on them without permission from the Social Work Centre. Thus, a guardian may only: (a) sell or encumber real estate belonging to the ward; (b) sell movables of a higher value from the property of the ward or dispose of property rights of a higher value; (c) refuse an inheritance or legacy or refuse a present; (d) execute other measures, if provided by the law (Article 191 Law on marriage and family relations); (e) with permission of the Social Work Centre.

A guardian of a child may, with permission of the Social Work Centre: (a) place the child in an educational institution or entrust him/her to someone else for upbringing, care and custody; (b) take a minor from school or change the nature of his/her education; (c) decide on the choice of the child’s profession or the conduct of his/her profession; (d) conduct other relevant measures regarding the child, if the law permits (Article 204 Law on marriage and family relations).

4.1.3 Can the right of legal representation belong to several persons? Is it possible to have different representatives for different areas?

No.

4.2 Are there any restrictions / extensions for the legal representative(s)?

No.

4.2.1 Are there some areas in which the legal representative is not competent to act (e.g. drafting of a last will, entering into marriage)?

Yes, the minor may, upon reaching 15 years autonomously (if the minor is in sound mind):

• Make a last will (Succession ACT)
• Enter into marriage (according to the Law on marriage and family relations)
• Acknowledge fatherhood (according to the Law on marriage and family relations)
• Enter into work relationships, etc.                                                            

When the minor reaches 10 years, he or she must give consent for adoption.

4.2.2 Is there a connection between the right of custody and the representation rights (e.g. power of representation exists only in the areas of custody)? Would it be possible that both parents have custody but only one has the right of representation in transactions with some property of a minor?

Minor children are represented by their parents. If the child must be advised or informed of something, notice may be validly given to one or the other parent, and if the parents do not live together, to the parent with whom the child lives. If both parents have custody, they must agree on the residence of the child and about the address where any communication should be sent to the child (Article 107 MFRA).

In Slovenian law, both parents have equal rights regarding the representation of the minor. These rights may only be restricted in the case of deprivation of parental care.

4.2.3 Is it required that all legal representatives are concluding the transactions on behalf of the minor jointly (e.g. both parents) or may the transaction be concluded by one legal representative of the minor alone (e.g. one parent)?

Yes, for day-to-day decisions, the parent with whom the minor is living may make decisions without the consent of the other parent. However, when important decisions (religion, medical matters, etc.) have to be made, both parents need to give consent. Where parents are living apart but custody of the child is not shared, they must mutually decide questions which significantly influence the child’s development in accordance with the interests of the child. If the parents cannot agree, the Social Services Centre will help them to reach agreement. Whichever parent has custody of the child must decide matters which affect the child’s day-to-day living. If in such cases the parents cannot agree on questions which significantly influence the child’s development, even with the help of the Social Services, the decision is taken by a court, on a proposal by one or both of the parents, in uncontested proceedings (Article 113 ZZZDR).

A legal transaction on behalf of a minor may be concluded by one parent only, in which case the transaction has to be authorised by the CSW when dealing with disposal or charge of property.

4.2.4 Other restrictions for legal representatives:

4.2.4.1 Is it necessary that the transaction is approved also by some other person or authority (e.g. parent, court or local government)? What are the formal requirements on the form of the approval?

Legal representatives can conclude all legal transactions on behalf of a minor, with the written agreement of the CSW in case of disposal or charge of property.

The parents may sell or legally encumber their child’s property with the permission of the CSW, but only for his/her maintenance, upbringing and education, or if it is needed for another benefit of the child (Article 111 MFRA).

4.2.4.2 Name the transactions that persons legally representing the minor may enter into only with the consent of a court or some other authority or person appointed by law.

Parents may, with the consent of the social work centre, expropriate or burden material assets from the property of their child but only for his or her subsistence, upbringing or education or if this is required for his or her benefit in some other way.

4.2.4.3 In case of a mandatory approval of the transaction by another person (e.g. the other parent) or authority (e.g. court) is there any difference whether the approval is given before or after the transaction? What are the legal consequences for the transaction if the approval required by law will be denied?

The legal transaction is not valid (general rule by Code of Obligations).

4.2.4.4 Are there certain cases in which the legal representatives shall not act (e.g. contract on behalf of the minor concluded with parent or family member)? Please describe the appropriate procedure for resolving the problem if applicable (e.g. nominating another representative, court’s approval).

In case there is conflict of interests when concluding a legal transaction (i.e. one party is the custodian and the other the minor represented by the same custodian), the CSW has to appoint another custodian to the minor for that particular transaction – a special case custodian or representative. In case of dispute, the Court shall decide.

4.3 Are there any other restrictions related to the rights of a minor (e.g. the right of succession) for the persons having the right of custody or the right of legal representation of a minor in addition to the restrictions specified above?

No

4.4 May the right of representation be transferred to another person by means of a power of attorney?

For individual transactions.

4.4.1 Is the consent of all legal representatives to the transfer mandatory?

One legal representative may give consent if the matter is not affecting the minors life, rights and benefits now and after reaching the maturity. But the other legal representative may oppose the given consent. For very important decisions, the consent of both legal representative and centre for social work is required.

4.4.2 Are there any restrictions to this type of power of attorney (e.g. the right of representation may not be transferred in its entirety or it cannot be transferred in regard to certain transactions)?

See 4.4.1

4.4.3 What are the formal requirements for this type of power of attorney?

The consent must be in written form.

5.1 Does the law provide some kind of document, which gives evidence of the right of custody and/or representation?

A social work centre shall appoint a guardian by an order in which it defines his/her responsibilities and the extent of his/her authority.

5.2 Is there any other kind of document, proving the right of custody and/or representation?

No.

6.1 What are the requirements for the formal validity of such a consent/permission/authorisation?

On 16. 06. 2009 a new Law (Passports of the Citizens of the Republic of Slovenia Act) came into force which abolished the authorisation of the legal representative. That means that children under the age of 15, traveling abroad unaccompanied by a legal representative need only a valid travel document (passport or identity card) and do not need any written permission from parents.

The exemption is valid for travel of minors in the Republic of Bosnia and Herzegovina. A minor who is travelling to BIH without the company of one or both parents, the legal representative or custodian needs certified authorisation from the parents, legal representative or custodian. 

Part 1: Protective measures for adults in loss of capacity

In Slovenia the new family code began to apply on 15 April 2019. Among other things, the new family code changes the system of protective measures for adults in loss of capacity.

According to Slovenian law, the purpose of guardianship for adults is protecting their person, carried out mainly by managing matters they are unable to manage themselves, and by arranging healthcare and providing training for independent life. A further purpose of guardianship is to protect the property and other rights and interests of individuals (Art. 239 of the Family Code). The Slovenian legal system provides two different forms of guardianship, guardianship of adults (Art. 262 to Art. 266 of the Family Code) and guardianship in special cases (Art. 267 to Art. 271 of the Family Code).

In the case of  guardianship of adults, a court places a person under guardianship who, for reasons of mental developmental disorders or mental health problems or for any other reason that affects his or her decision-making capacity, is not able to defend his or her rights and interests on his or her own, and appoints a guardian. In the decision on placing a person under guardianship, the court defines the scope of the guardian's obligations and rights, on the basis of an expert opinion. It is also possible that, where appropriate, the court before which proceedings for placing a person under guardianship are initiated places the person under temporary guardianship and appoints a temporary guardian. The obligations of a temporary guardian end when the court appoints a guardian or when a decision whereby the court finds that there are no grounds for placing a person under guardianship becomes final. 

In cases of guardianship in special cases, a social work centre appoints a special-case guardian or a guardian for specific kinds of tasks of an absent person whose residence is unknown and who has no representative, of an unknown property owner, where it is necessary for someone to take care of such property, and also in other cases where it is necessary for the protection of an individual’s rights and interests. Under the conditions provided for in the Family Code, a special-case guardian or a guardian for specific kinds of tasks may be appointed also by the authority with which the proceedings are conducted. A special-case guardian may not be appointed when the conditions are met for placing an adult under guardianship, unless otherwise provided by an Act. But the social work centre or the court may appoint a collision guardian to a ward in cases where the interests of the ward and the ward's guardian are in conflict.

Without delay, the court sends the final decision by which it placed the adult under guardianship and appointed a guardian to the social work centre (Art. 262 of the Family Code). The actual supervision of the exercise of custody in cases of guardianship of adults and guardianship in special cases is the responsibility of the social work centre.

If the reasons for guardianship no longer exist, guardianship of a person ends by court decision and special-case guardianship end when the reasons for guardianship no longer exist (Art. 266 and 271 of the Family Code)

Part 2: The possibilities of anticipating a future loss of capacity

Slovenian law does not regulate the possibilities of anticipating a future loss of capacity. That means that it is not possible to suggest a trusted person to be appointed as a guardian in case of future incapacity. 

Slovenian law does not regulate enduring power of attorney. When, according to the Inheritance Act, it is necessary to appoint a temporary guardian of the estate, he or she shall be appointed by the probate court (Art 192. of the Inheritance Act). The court shall appoint a temporary guardian of the estate if the heirs are unknown or if their residence is unknown, as well as in other cases when necessary. The latter is entitled to sue or be sued on behalf of the heirs, to recover claims and to pay debts, and in general to represent the heirs. The court shall notify the competent centre for social work of the appointment of a temporary guardian, who may appoint another guardian (Art 131. of the Inheritance Act). This is a general provision in the framework of the inheritance proceedings.

In cases where a person wishes to authorise someone to perform actions on his or her behalf during his or her life, according to Slovenian law, the authorised person is allowed only those legal transactions for which he or she is authorised. Only legal transactions that belong to regular operations are allowed by a representative who has a general authorisation. The representative may not, without special authorisation for each individual case, assume a bill of exchange obligations, conclude contracts on guarantee, settlement, alienation or encumbrance of real estate, enter into a dispute or conclude an arbitration agreement and waive any right without reimbursement. The authorisation shall terminate with the death of the authorised person, unless the transaction that has begun cannot be terminated without prejudice to the legal successors or if the authorisation also applies to the death of the person who gave it, either according to such a person’s intention or with regard to the nature of the transaction (Art. 76 and 79 of the Code of obligations).