The principle of free disposition and its counterpart, the ex officio principle, are in the non-contentious procedure established to a different extent and in a different ratio than they are in the civil procedure. The reason for that is in the different nature and in the different purpose of the specific non-contentious procedures. The principle of free disposition is, although to a lesser extent than in litigation, prevalent in the procedures that start solely upon party initiative (iurisdictio voluntaria contentiosa) while the ex officio principle prevails in the procedures that can be started by the court upon its own motion (iurisdictio voluntaria oficiosa). When evaluating the extent to which the principle of free disposition is established in non-contentious procedure it is necessary to investigate the petition, parties proceedings regarding the petition and if the court is bound by the petition or by the claim as determined by the claimant, if there even is one in the petition. In-court settlement is also possible in the procedures that start solely upon party initiative. The non-contentious procedures regarding property law are the procedure for the regulation of the joint property relations, the procedure for the division of joint property, the procedure in the boundary dispute and the procedure for the arrangement of the way of necessity.
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