COUNSELING
  • CORPORATE AND COMMERCIAL LAW
    • CORPORATE AND COMMERCIAL LAW

    With the decision of the Slovene Bar Association, based on many years of experience, in 2016 mag. Marko Kosmac was granted the status of a lawyer - a specialist in the field of commercial law.

    Commercial law is comprised of legal rules and principles governing the legal status and transactions

    Commercial law constitutes a set of legal rules and legal principles which manage the legal status and transactions of business entities. This field includes multiple areas such as:

    a) corporate law;
    b) commercial (contract) law;
    c) securities law;
    d) intellectual property;
    e) competition;
    e) mergers & acquisitions;
    g) insolvency law.

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  • CIVIL LAW
    • CIVIL LAW

    Civil law represents a set of legal rules an legal principles governing personal an property relationships of persons entering into relationships as autonomous and equal subjects. Civil law includes the following fields:

    a) real estate;
    b) law of inheritance;
    c) law of obligations;
    d) family law;
    e) enforcement and securing of claims.

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  • CRIMINAL LAW AND LAW OF MISDEMEANORS
    • CRIMINAL LAW AND LAW OF MISDEMEANORS

    Criminal law represents a set of legal rules and legal principles that define criminal acts, criminal responsibility and penal sanctions. The area of criminal law also includes the law of misdemeanors which represents a set of legal rules and legal principles that define misdemeanors, responsibility for misdemeanors and sanctions for misdemeanors

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  • LABOUR LAW
    • LABOUR LAW

    Labour law constitutes a set of legal rules and legal principles governing labour relationships. Labour law includes the following fields:

    a) individual labour law
    b) collective labour law

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  • ADMINISTRATIVE LAW
    • ADMINISTRATIVE LAW

    Administrative law represents a set of legal rules and legal principles determining organisation and activities of state administration and of public bodies, their rights and obligations in administrative relationships and the control over administrative bodies.

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  • CONSTITUTIONAL LAW
    • CONSTITUTIONAL LAW

    Constitutional law is comprised of legal rules and legal principles pertaining to the foundations of organisation of the state. Legal rules governing constitutional law prescribe the system of government, human rights and liberties, whereby special emphasis is put on rules governing the procedure before the Constitutional Court of the Republic of Slovenia.

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REPRESENTATION
  • COURT REPRESENTATION
    • COURT REPRESENTATION

    a) representation in individual and collective labour disputes
    b) representation in litigious proceedings
    c) representation in non-litigious proceedings
    d) representation in enforcement proceedings
    e) representation in insolvency proceedings
    f) representation in criminal proceedings
    g) representation in proceedings of judicial review of administrative acts
    h) representation in proceedings held before the Constitutional Court of the Republic of Slovenia


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  • REPRESNETATION IN PROCEEDINGS HELD BEFORE ADMINISTRATIVE BODIES
    • REPRESNETATION IN PROCEEDINGS HELD BEFORE ADMINISTRATIVE BODIES

    a) representation in proceedings held before general administrative bodies (administrative units, ministries, bodies affiliated with the ministries, and the Government of the Republic of Slovenia)
    b) representation in proceedings held before bodies of self-governing local communities (Municipal Administration Board, mayor)
    c) representation in proceedings held before the Information Commissioner
    d) representation in proceedings held before National Review Commission for Reviewing Public Procurement Procedures
    e) representation in proceedings held before other administrative bodies


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  • REPRESENTATION BEFORE INTERNATIONAL COURTS
    • REPRESENTATION BEFORE INTERNATIONAL COURTS

    a) representation before the European Court of Human Rights
    b) representation before the European Court of Justice


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  • REPERESENTATION BEFORE OTHER INTERNATIONAL INSTITUTIONS
    • REPERESENTATION BEFORE OTHER INTERNATIONAL INSTITUTIONS

    a) representation before the International Chambers of Commerce


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  • REGISTERED TRADEMARK AND DESIGN AGENT
    • REGISTERED TRADEMARK AND DESIGN AGENT

    According to the Slovenian Industrial Property Act, an industrial design means the outward appearance of the whole or a part of a product, resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation.

    According to the Slovenian Industrial Property Act, it is any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of another undertaking and capable of being graphically represented, in particular words, including personal names, letters, numerals, figurative elements, three dimensional images, including the shape of goods or of their packaging, combination of colours as well as any combination of such signs.

    Agents entered in this list may represent parties to proceedings relating to the acquisition and maintenance of industrial designs and trademarks.

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  • MEDIATION
    • MEDIATION

    Mediation is a procedure in which the parties with the help of a neutral third person (the mediator) try to solve amicably a dispute arising from a contractual or other relationship. Mediation is an informal, voluntary, confidential and structured procedure in which an independent third person (the mediator) facilitates seeking an amicable solution to the dispute by implementing his negotiation and special mediation techniques.

    Mediator is a person trained to manage the mediation procedure. He helps the participants to constructively express their issues, requests and needs, and to actively cooperate in the process of finding a solution. A mediator is neutral and only managers the procedure, he does not express his position regarding the content of the matter in dispute. A mediator should act professionally and reputably, should be properly educated for the position and should have the possibility to get feedback regarding his work.

    In addition to providing an expedient and satisfactory solution to clients, mediation also improves relationships and cooperation between parties in dispute, reduces the chances of unnecessary increase in tensions between the parties as well as contributes to the development of efficient forms of prevention and solution of difficulties and dissent.

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  • ARBITRATION
    • ARBITRATION

    Arbitration is a procedure of solving disputes before the arbiter or an arbitration senate, which is chosen by clients themselves, make a final decision on the dispute, by rendering an arbitration award. An arbitration awards has identical legal effects as a final judgement rendered by the court.

    An arbitration agreement should be executed in written form and may be concluded i) in form of an arbitration clause in an agreement, regarding future disputes or ii) in form of a special arbitration agreement, regarding a pending dispute.

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Law Office Kosmac is a member of the associations:

  • odvetniska-pisarna DRAFTING CONTRACTS

    Due to its close affiliation with real estate agencies, Attorney office Kosmac is specialised in drafting sales contracts, lease contracts and contracts of exchange for real estate as well as for movables. Furthermore, we draft various other contracts pertaining to rights in rem (eg mortgage contracts, contract establishing right of superficies), building contracts, contracts for work, deeds of gift, as well as the so called inheritance contracts (ie contract on delivery and distribution of property, deed regarding gift in event of death, contract of lifelong maintenance), contract for a copyrighted work, business cooperation contracts and other contracts, both for natural persons as well as for legal entities. In cooperation with notaries we draft, review and modify contracts which have to be concluded in form of notarial deed.

    Attorney office Kosmac also performs legal reviews of contracts which have already been drafted and represents its clients in proceeding regarding the exercise of clients' rights under concluded contracts.
  • odvetnik-civilno-pravo ENFORCEMENT PROCEEDINGS

    Our team provides support to clients seeking fulfilment of obligations from their debtors. Initially we establish contact with debtors by sending them adequate dunning letters and we draft out of court settlement contracts. When required we lodge applications for enforcement on the basis of an authentic documents (in electronic form) or applications for enforcement on the basis of enforcement title. Further, we diligently monitor the development of enforcement proceedings and if required our office executes official enquiries regarding the respective debtor's assets (bank accounts, ownership of real estate, vehicles, securities and business shares in companies) and when required, we lodge additional enforcement measures.

    Attorney office Kosmac also performs legal counselling and representation in proceedings for the protection of claims by frequent use of proposals for interim measures (injunctions).
  • odvetniki-kazensko-pravo ACTIONS PERTAINING TO ESTABLISHMENT, REPRESENTATION, RESTRUCTURING AND MERGERS & ACQUISITIONS OF COMPANIES

    Lawyers with Attorney office Kosmac are highly trained in drafting various incorporation documents for companies (eg articles of association, articles of Incorporation for single−person companies with limited liability, statues), representation of clients (both natural persons and legal entities) at Shareholders' meetings, performing statutory change related operations pertaining to share capital, counselling regarding restructuring of companies (mergers, divisions, transfer of assets, changing the organisational form), drafting documentation required for the execution of restructuring (eg merger by acquisition contract, merger contract, draft terms of division, etc), as well as counselling in cases of dissolution of companies, establishing foreign companies' branch offices, establishing institutes, economic interest groupings or EIG, cooperatives, groupings of institutes, societies and registration of sole proprietors.

    Attorney office Kosmac also provides preventive due diligence in order to improve the respective company's performance, and counselling, representation and performance of all actions pertaining to takeover proceedings (notification of concentration with the Competition Protection Agency, representation of the client in proceedings held before the Competition Protection Agency, legal due diligence, drafting the takeover notification, representation in proceedings held in order to obtain permission for the takeover bid, drafting the takeover bid and the prospectus).

    We should also mention drafting various other contracts pertaining to corporate law, eg controlling contracts, profit transfer contracts, share transfer contracts, etc).
  • odvetnik-gospodarsko-pravo COURT REPRESENTATION

    Attorneys and attorney candidates of Law office Kosmac provide representation in all types of court proceedings, including individual employment disputes, collective employment disputes (eg disputes regarding existence, rights and obligations deriving from the employment relationship, disputes regarding rights and obligations deriving from the relationship between the employer and user in cases where employees are sent to work to a user, etc), litigious proceedings (commercial disputes, disputes for disturbance of possession, disputes on easements and real encumbrances, disputes on lease or tenancy relations, disputes on damages claims) and in non litigious disputes (inheritance proceedings, proceedings for removal and reinstatement of legal capacity, proceedings for the prolongation and removal of the prolonged parental right, proceedings for division of items and division of joint assets, proceedings for determination of land plot boundaries, representation in Land Register proceedings, etc), representation in enforcement proceedings and in criminal proceedings (advocating the accused, representing injured parties, representing the injured party acting as a prosecutor) and in proceedings regarding misdemeanours, as well as representation in administrative disputes, in proceedings held before the Constitutional Court of the Republic of Slovenia and proceedings held before the European Court of Human Rights.
  • odvetnik-gospodarsko-pravo REPRESENTATION IN MEDIATION PROCEEDINGS

    Attorney office Kosmac also provides representation in proceedings in which the clients with the help of a neutral third person (the mediator) engage in an amicable solution to the dispute regarding a contractual or other legal relationship.
  • odvetnik-gospodarsko-pravo CLAIMS NOTIFICATIONS IN INSOLVENCY PROCEEDINGS

    Attorney office Kosmac represents its clients as creditors or debtors during the entire duration of insolvency proceedings (bankruptcy proceedings against a legal entity, personal bankruptcy proceedings, legacy bankruptcy proceedings and forced settlement proceedings) by drafting petitions for instituting bankruptcy proceedings and objections to the creditor’s petition, whereby we emphasise diligent care for timely notification of the client’s claims, of possible rights to a separate settlement as well as exclusion rights.
  • odvetnik-gospodarsko-pravo SUBMISSION OF LAND REGISTER PROPOSALS

    Attorney office Kosmac also drafts documentation required for the entry of rights and facts into the Land Register and represents clients in Land Register proceedings.