УДК 347.919.1
Библид: 1451-3188, 16 (2017)
Vol. 17, No 61-62, стр. 156-171
ДОИ:

Изворни научни рад
Примљено: 01 Jan 1970
Прихваћено: 01 Jan 1970

НОВЕ ТЕНДЕНЦИЈЕ У ВАНПАРНИЧНОМ ПОСТУПКУ

Trgovčević Prokić Milena (Први основни суд у Београду; Правни факултет за привреду и правосуђе Универзитета привредна академија, Нови Сад), milenaprok@gmail.com

The non-contentious procedure differs considerably from other civil court procedures because of a series of specific characteristics. It is applied in different areas of civil law relations and therefore the rules of this procedure are heterogeneous. Serbia amended the status procedures according to the basic principles of the law on contentious procedures by the amendments and supplements to the Recommendation of the Committee of Ministers of the Council of Europe no. R (99). A time limit is foreseen in respect to the duration of the imposed measure of labour capacity limitation. The court may impose the term of this measure within a period not exceeding three years. In addition, the law on the noncontentious procedure is in line with the provisions of the law on the notary public because it was necessary to have a normative regulation of the trust function of notaries and also to anticipate the powers that public notaries have in delegated and entrusted non-contentious proceedings. The implementation of the principle of efficiency and urgency in the procedure should be regulated by the implementation of the Law on the Protection of the Right to Trial, which provides for a special noncontentious procedure containing specific instruments that should ensure an efficient and effective court conduct. In addition to these amendments to the law on the non-contentious procedure that were necessary, there is a serious and very fundamental reform of the out-of-court procedure. We believe that future solutions in the field of out-of-court procedures should be based on new principles specific to non-contentious proceedings, which will facilitate the access to courts for citizens and ensure quality and transparent legal protection in accordance with all European legal standards.

Кључне речи: status procedures, duration of limitation of business capacity, urgency and efficiency of trial, European standards