Sugestii cu privire la o reglementare armonioasă a jurisdicţiei necontencioase

dr. h. c. IOAN LEŞ*

^* e-mail: lesioan101@gmail.com

Prof. univ. emerit - Universitatea "Lucian Blaga" din Sibiu

ABSTRACT

Non-contentious judicial procedure has traditionally been regulated in civil procedure codes. Developments in recent years have been directed towards some regulations in a distinct (autonomous) legislative corpus from the common civil procedural one, and the Spanish example is one of the most representative and has also provoked the present suggestions.

After a brief presentation of the existing regulatory framework in Romania, following the adoption of the current Code of Civil Procedure, the author presents us with a process of constant expansion of the scope of non-contentious procedures. Such an expansion favors alternative ways of resolving disputes, such as mediation and conciliation. Other powers are also highlighted in matters of divorce, issuing notarial enforceable titles, ascertaining...