Non-litigious jurisdiction matters
Non-litigious jurisdiction matters
This word is derived from the word “accounting” which means “counting” and means reward and wages.
- Non-litigious jurisdiction matters in jurisprudence and legal issues
In jurisprudence, it is said that a certain person or institution is not in charge of these affairs, and we also know that God is not pleased with these affairs, such as guardianship of orphaned children, preservation of their property, preservation of the property of an absent person, etc. are not processed.
Therefore, it should be said that non-litigious jurisdiction matters are subjects that the courts decide without considering whether there is a dispute or not.
It is true that, as we said in the introduction, non-litigious jurisdiction matters are not based on litigation.
But in some cases, such as the case in Article 96 of this law, points are provided for protesting and complaining that a dispossessed person can file a complaint against his guardian for not paying expenses, or when a forced guardian or executor has committed treason.
Dealing with non-litigious jurisdiction matters is subject to a special law, and in the circumstances that there is no specific law for these matters, according to the civil procedure that may be done in public courts, dispute resolution council, etc.
- Definition of non-litigious jurisdiction matters in the law
The Non-litigious Jurisdiction Matters Law approved in 1319 defines these matters as follows in Article 1:
Non-litigious jurisdiction matters are articles that the courts are obliged to take action on and make a decision on, without their consideration being limited to the occurrence of disputes and disputes between individuals and filing lawsuits on their behalf.
- What does non-litigious jurisdiction matters include?
In general, non-litigious jurisdiction matters can be considered related to the person and personal circumstances of the person, such as:
- Guardianship.
- Estate of the deceased.
- Dispossessed people.
- Missing people.
- Division of inheritance.
- Execution of the will.
The choice of a guardian for orphaned children and… are among the cases in which the law of non-litigious jurisdiction matters has dealt with the verdict.
Conclusion
Non-litigious jurisdiction matters, as we have examined it above from various aspects, are subjects that are not often based on disputes, and the court deals with them like inheritance and other cases.
The regulations related to these matters are subject to the law with the same name, i.e. the Non-litigious Jurisdiction Matters Law. This law was approved in 1940 and is still in force.
The Non-litigious Jurisdiction Matters Law deals with related issues in 378 articles, and if there is silence in this law, you should act according to the civil procedure law.
