ecial characteristics of multi-apartment buildings in the floor ownership are
mainly reflected in the management of common parts which due to (often) a
large number of floor owners in multi-apartment buildings can cause several
inconveniences.
Special characteristics of multi-apartment buildings in the floor ownership are
mainly reflected in the management of common parts which due to (often) a
large number of floor owners in multi-apartment buildings can cause several
inconveniences. The Slovenian legal theory, following the model of foreign
legal systems, calls for recognition of the capacity to be a party to the factual
community of the floor owners based on Article 76(3) of the Slovenian Civil
Procedure Act (ZPP). Such a solution has been accepted in recent case law. The
article presents the circumstances on which courts must pay special attention
when deciding upon the recognition of the capacity to be a party to the factual
community of the floor owners in multi-apartment buildings, and the procedural
consequences of such recognition, with an emphasis on exploring the
subjective limits of res judicata in the procedures in which one of the parties is
the factual community of the floor owners.
Keywords: floor ownership, community of floor owners, capacity to be a party,
legal capacity, res judicata.