In non-contentious proceedings judges frequently face problems connected with division of joint property, mostly of joint property of divorced spouses. It is of utmost importance that a judge takes into consideration the agreement between the participants. However, Non-litigious Civil Procedure Act provides for compulsory measures, which can be applied by court disregarding the will of participants of the procedure. Although the decision of the court should be rendered fast (preventive function), the court must resolve the dispute at the appropriate manner, eliminating all causes of disputes.
COBISS.SI-ID: 4038955
The goals of the reform of the enforcement law are to change and adapt those rules that cused problems. On the other hand, it is necessary to build them into a homogeneous and balanced system of protection of the creditor's interests considering the minimal financial security of the debtor. The lacks of the present regulation, main proposals for their remedying as well as the main directions of the reform are presented in the contribution. Redefinition of the role of private enforcemente agents is foreseen as a possibility. Thus the main comparative issues were taken into consideration.
COBISS.SI-ID: 3994411