Sugestii cu privire la o reglementare armonioasă a jurisdicției necontencioase
Suggestions regarding a harmonious regulation of non-contentious judicial procedure

Summary/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 states of fact, etc.Romanian legislation contains detailed rules on conflict mediation, but does not provide us with guidelines on conciliation that can be carried out by different judicial actors (legal advisors, notaries, lawyers, registrars, etc.). Therefore, the author advocates for an adequate regulation of conciliation and its separation from mediation. Establishing competence in this matter in favor of legal professionals may constitute a beneficial option for the judicial system.The promotion of alternative solutions for resolving conflicts or claims can lead to a significant decongestion of the judicial system, an inevitable process that is also accompanied by a development, albeit relatively timid, of new technologies. And from this point of view, the Estonian example is a notable one, which should have been implemented in our country as well.

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