Up-107/99

Reference no.:
Up-107/99
Objavljeno:
Official Gazette RS, No. 54-I/02 and OdlUS XI, 122 | 23.05.2002
ECLI:
ECLI:SI:USRS:2002:Up.107.99
Act:
Constitutional complaint of A. A. A. and B. B. B. against Order of the Supreme Court No. III Ips 129/98, dated 3 December 1998, in connection with Order of Ljubljana Higher Court No. I Cgp 795/97, dated 31 March 1998, and Order of Ljubljana District Court No. VIII Pg180/95, dated 23 June 1997
Operative provisions:
The constitutional complaint of A. A. A. and B. B. B. against Order of the Supreme Court No. III Ips 129/98, dated 3 December 1998, in connection with Order of Ljubljana Higher Court No. I Cgp 795/97, dated 31 March 1998, and Order of Ljubljana District Court No. VIII Pg180/95, dated 23 June 1997, is dismissed.
Abstract:
As it follows from the decision of the Higher Court that the court reviewed the claim on the merits, thus in the discussed case the complainant's right to judicial protection determined in Art. 23 of the Constitution was not violated. Therefore, the Constitutional Court dismissed their constitutional complaint.
Password:
Inheritance, business share.
Civil procedure, declaratory action.
Right to judicial protection.
Principle of proportionality.
Dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitution, Art. 23
Convention for the Protection of Human Rights and Fundamental Freedoms (EKČP), Art. 6
Constitutional Court Act (ZUstS), Art. 59.1
Document in PDF:
Type of procedure:
constitutional complaint
Type of act:
individual act
Date of application:
23.04.1999
Date of decision:
23.05.2002
Type of decision adopted:
decision
Outcome of proceedings:
dismissal
Document:
AN02614