Projects / Programmes
Reforma nepravdnih postopkov (Slovene)
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
Researchers (16)
Organisations (1)
Significance for science
The results of the research are new important scientific findings, which will close large gap within the theory of noncontentious law in Slovenia that has not received any noticeable attention almost twenty years. Further, the project results serve the development of methods and findings in comparative law, what ahs been already partly achieved with comparative studies. The findings of the project present a solid basis for the protection of human rights in field of noncontentious procedures in the Republic of Slovenia, taking into account and analysing recent case law of the European Court of Human Rights in Strasbourg. The project achievements allow a thorough examination of the legislation in the field of noncontentious civil procedures (analysis of current status on the field of noncontentious procedures) and shall serve the Government of the Republic of Slovenia or its Ministries (especially the Ministry of Justice, the Ministry of Labour, Family and Social Affairs etc.) as expertise for the preparation of proper legislation. The achievements could also be used by courts, advocates and notaries and discussed at universities within Slovenia and abroad.
As a result of the project expert materials were formed regarding the powers of judges in the noncontentious civil procedures and their duties in connection with the combination of the dispositionprinciple and per curiamprinciple. It is necessary to supplement procedural rights of persons incapable to take care of themselves (children, persons with limited capacity to act). Regarding the evidence procedure and preliminary rulings is the very problematic issue the referral to litigation, because it usually disproportionately extends the course of the noncontentious procedure. All these issues must be solved assuring fundamental procedural rights of the participants of the noncontentious civil procedure, without an unnecessary delay of the procedure.
The research team has also organized international conferences, in which they addressed current issues of noncontentious proceedings, namely: "Noncontentious Procedures in Property and Housing Matters" (2010); Noncontentious Procedures in family matters when adopting the Family Code (2011), I. days of Noncontentious law and law of enforcement (2012).
The project has to some extent taken into account the results of the European project under the 6th Framework Programme of the EU "European Enfocement order" (n. JLS/2005/FPC/047 - 30 - CE - 003679/00-68) and under the 7th Framework Programme "Simplification of Debt Collection in the EU" (n. JLS/2009/JCIV/AG/003-30-CE), the leader of both was prof. Dr. Vesna Rijavec. Results were taken into account in relation to the European executive title and law enforcement, which is essentially also one of noncontentious proceeding. Also, the results from this project will be taken into account in a new project the whithin 7th Framework Programme entitled "Dimensions of taking evidence in European civil procedural law" (JUST/2012/JCIV/AG/3434), which will be implemented also under the leadership of prof. Rijavec.
Significance for the country
A basic research in the field of noncontentious procedures is essential, because it is not sufficient, that the law recognises just certain rights to the individuals that should be protected within the proceedings, but it is also necessary to exercise them. This is possible only with appropriate and coordinated procedural rules in nonlitigious cases, taking into account knowledge of legal science in Slovenia and beyond. The project is of great importance because of the nature of noncontentious civil proceedings, within which essential segments of life of citizens are governed. Furthermore, the decisions that are made within these proceedings may infringe fundamental human rights regarding personal and family status and inheritance and private property. It contributes to the development of social cohesion and development of human resources. The project also focuses on the possibility of solving noncontentious
matters with the help of information technology, what should accelerate the course of procedure. When regulating civil relations between people (such as taking care for children and incapable persons, regulation of relations between floorowners, between members or shareholders of companies) it is of great importance to distinguish matters that should be decided upon in the litigation and those that should be settled in noncontentious procedure. The fist type of procedure is highly formalistic and
does not fit to settlement of longterm relationships between people. Properly carriedout noncontentious procedures allow a broader preventive regulation of relations between individuals, leading to a prosperous society. A noticeable trend in the world regarding the procedures is the ongoing reduction of their formalisation, simultaneously taking into account the mechanisms for the protection of human rights. Such developments are being monitored and solutions are properly adjusted to Slovenian circumstances.
The project contributes to:
• easier and simpler solution of relations, which are handled in noncontentious proceedings;
• better protection of rights in noncontentious proceedings of those who are more vulnerable, (e.g. children and minors, people who cannot look after themselves because of a mental illness or a disease);
• more efficient judicial protection of rights in noncontentious proceedings;
• more efficient and simplified regulation of relations with many participants (e.g. floor owners, stockholders, joint owners etc.) in noncontentious civil procedeengs.
Leader of the project Prof. Dr. Vesna Rijavec and memebers of the researche group impart knowledge about noncontentious proceedings and newest research achievements to undergraduate students and to postgraduate students of the Bologna II Programme.
The research efforts have positive impact on the efficiency of the Slovenian economy. The project also contributes to efficiency of legal protection and to improvement of Slovenian socioeconomic development and helps eliminating the aftereffects from the former socioeconomical regulation and transition. For instance researcher study the impact of the recently adopted act on registration of ownership of residential apartments (ZVEtL), which should ease the inscription of rights in rem on immovable property into uncompleted land register. In addition, researchers strive to reform the Slovenian law of civil enforcement in order to make the collection of debts more efficient and to reduce delayed payment in Slovenia. Similar applies for notary deed which is subject of intensive research of research group. Notary deed is an instrument for extrajudicial settlement of legal relationships and thus reduces the workload of courts.
Most important scientific results
Annual report
2009,
2010,
2011,
final report,
complete report on dLib.si
Most important socioeconomically and culturally relevant results
Annual report
2009,
2010,
2011,
final report,
complete report on dLib.si
