The Regulation of Non-contentious Proceedings in the New Code of Civil Procedure
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Abstract
The present article is an overview of the regulation of non-contentious proceedings in the new Code of Civil Procedure of Lithuania.
It analyses the novelties of regulation of non-contentious proceedings in the new Code of Civil Procedure by comparison with the provisions of the existing Code of Civil Procedure and the new Code of Civil Procedure.
It is stated that the reform of non-contentious proceedings under the new Code of Civil Proceedings results in:
– repudiation of a dispute over law as a basic criterion by distinguishing contentious proceedings from non-contentious ones;
– the criterion of expediency and the presence of public interest is given priority in ascribing cases falling under non-contentious proceedings to court.
– consolidation of an inquisitorial procedure model in non-contentious proceedings with relevant principles of formality, imperativeness (obligation), limited oral procedure and publicity.
The article concludes that the regulation of non-contentious proceedings in the new Code of Civil Procedure established on the basis of the German and Austrian concept of non-contentious proceedings should result in an effective and concentrated process and establish conditions for the optimum realization of goals set out for non-contentious proceedings.
It analyses the novelties of regulation of non-contentious proceedings in the new Code of Civil Procedure by comparison with the provisions of the existing Code of Civil Procedure and the new Code of Civil Procedure.
It is stated that the reform of non-contentious proceedings under the new Code of Civil Proceedings results in:
– repudiation of a dispute over law as a basic criterion by distinguishing contentious proceedings from non-contentious ones;
– the criterion of expediency and the presence of public interest is given priority in ascribing cases falling under non-contentious proceedings to court.
– consolidation of an inquisitorial procedure model in non-contentious proceedings with relevant principles of formality, imperativeness (obligation), limited oral procedure and publicity.
The article concludes that the regulation of non-contentious proceedings in the new Code of Civil Procedure established on the basis of the German and Austrian concept of non-contentious proceedings should result in an effective and concentrated process and establish conditions for the optimum realization of goals set out for non-contentious proceedings.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
