Original scientific paper
https://doi.org/10.30925/zpfsr.46.1.1
Settling the Relationship (“Conflict”) between Non-Contentious and Contentious Proceedings under the New Non-Contentious Procedure Act
Mihajlo Dika
; University of Zagreb, Faculty of Law
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* Corresponding author.
Supplements: Dika.pdf
Abstract
This paper aims to explore the legal framework regarding procedural situations in which a case, initially initiated as a non-contentious procedure to resolve a specific legal issue, is later determined to require resolution under the rules of contentious procedure. It specifically addresses key legal questions related to the “conversion” of a non-contentious procedure into a contentious one, the issue of initiating an incidental procedure to suspend a non-contentious procedure and its execution until a decision on the suspension is made, the question of a decision that will suspend the non-contentious procedure and allow the case to continue under the rules of contentious procedure before the competent court, the relevance of actions taken by the court in the non-contentious procedure after the procedure is resumed under the contentious rules, the issue of challenging a decision made under the non-contentious procedure that should have been made under the contentious procedure, and the resolution of the “conflict” between non-contentious and contentious procedures according to the provisions of the Family Act of 2015.
Keywords
non-contentious procedure; contentious procedure; “conflict” procedure
Hrčak ID:
330023
URI
Publication date:
15.4.2025.
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