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Draft Proposal of the Law on Non-Contentious Procedure – Selected Issues

Authors

  • Mihajlo Dika Faculty of Law, University of Zagreb
  • Aleksandra Maganić Faculty of Law, University of Zagreb

DOI:

https://doi.org/10.30925/zpfsr.44.1.9

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

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 (non-exhaustive) 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.

Additional Files

Published

2023-04-19 — Updated on 2023-12-21

Versions

How to Cite

Dika, M. ., & Maganić, A. (2023). Draft Proposal of the Law on Non-Contentious Procedure – Selected Issues. Collected Papers of the Law Faculty of the University of Rijeka, 44(1), 205–223. https://doi.org/10.30925/zpfsr.44.1.9 (Original work published April 19, 2023)

Issue

Vol. 44 No. 1 (2023): Collected Papers of the Faculty of Law of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2023 Mihajlo Dika, Aleksandra Maganić

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