Preliminary communication
https://doi.org/10.30925/zpfsr.44.1.9
Draft Proposal of the Law on Non-Contentious Procedure – Selected Issues
Mihajlo Dika
; Faculty of Law, University of Zagreb
Aleksandra Maganić
orcid.org/0000-0003-1941-429X
; Faculty of Law, University of Zagreb
Abstract
It seems that the Croatian non-contentious law reform that has been anticipated
for decades will finally result in a legal text. Namely, the Draft proposal of the Law
on non-contentious procedure was published on the e-counselling website, by which
a non-contentious procedure is governed independently for the first time in Croatia.
Therefore, the aim of this paper is to present some selected issues from the general
and special part of the Draft. The general part of the Draft will deal with the question
of the content and area of its application, the question of subsidiary (appropriate)
application of the provisions of the law governing civil proceedings, and the question
of the status of a notary public in non-contentious procedures. In addition, the (nonexhaustive)
content from the special part will be presented by comparing it with the
content from the special parts of the selected comparative systems, and by conducting
an analysis into the legal consequences of the absence of the regulation related to
non-contentious procedure in the area of proprietary rights – abuttal, dissolution of
co-ownership, and right of way.
Keywords
non-contentious procedure; subsidiary application of civil procedure provisions; notary public; non-contentious procedure in the area of proprietary rights; general, and special part of the law.
Hrčak ID:
300132
URI
Publication date:
15.4.2023.
Visits: 1.517 *