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1.) How can third-party notice (TPN) be described in general:
TPN (‘litis denuntiatio’) is a formal notification of a third person of a pending lawsuit. It can be combined with the invitation to this person to join the proceedings. The aim of this notice is to guarantee the rights and effects recognised under civil law for the plaintiff or defendant. The notifying party (a party to the lawsuit) transmits the notification to the court, which then serves it on the third person, who is free to decide whether to join in or not. Under Slovenian law, the court does not rule on whether a party’s request for formal notification of a third person is justified. Even if the third person joins in they will not be a litigant and their relation to either party to the main proceedings cannot be decided upon in this litigation. The third person can support any party to the main proceedings. If the conditions are met, that person may join the proceedings as an intervener. By doing so they can contribute to winning the lawsuit and thus help to avoid subsequent (recourse) litigation against them or improve their position in such subsequent lawsuit. The third person may not submit a request for the termination of a lawsuit that has been instituted, for extension of time limits or for the postponement of a hearing.
2.) What are the main effects of judgments on persons who were given TPN:
TPN protects the notifying party from certain damage claims they might otherwise expect from the third person. A (third) person who was by way of TPN given the opportunity to influence the outcome of a lawsuit can, in principle, no longer raise damage claims based on deficient litigation of the notifying party. In addition, if subsequently recourse proceedings arise between the notifying party and a person who was notified of the main proceedings this person cannot hold out to the notifying party arguments or facts which are in contradiction with the substantial (factual) elements of the decision in the main proceeding.
3.) There is, however, no binding effect with regard to the legal assessment in the main proceedings.
4.) There is also no binding effect with regard to established facts which the third person was not able to challenge in the main proceedings e.g. because they were uncontested by the parties.
5.) TPN produces its effects irrespective of whether the third person did join in in the main proceedings or not.
6.) TPN does not affect the relation between the third person and the opponent of the notifying party except for the situation that the third person decided to join in on the side of his opponent.
- in Slovenia: District Court
- in Slovenia: District Court
- in Slovenia: Supreme Court of the Republic of Slovenia
- in Slovenia: at the following courts, one of the languages of the national minorities is also accepted as an official language in addition to Slovenian:
- in Slovenia: Article 58 of the Private International Law and Procedure Act (Zakon o mednarodnem zasebnem pravu in postopku)
- in Slovenia: Article 204 of the Civil Procedure Act (Zakon o pravdnem postopku), which governs third-party notice
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