Abstract

In the case of death of a party the legislator adopted a different regulation in non-litigious proceedings than in litigation. This is due to the specificity of non-litigious proceedings since it may not result in staying the proceedings, but in summoning the parties concerned pursuant to Art. 510 § 2 of the Code of Civil Procedure, and in some cases terminating the proceedings. In such proceedings the issue of legitimacy as the right to submit an application is considered more flexibly than in litigation, and moreover it is considered to be a substantive attribute rather than a procedural prerequisite. The legislator provided for the non-litigious procedure for the real estate register proceedings. Under these proceedings, pursuant to Art. 626¹ § 3 of Code of Civil Procedure, the fact that after having submitted an application the applicant or another party to the proceedings died, or was deprived of or limited in the possibility of exercising their rights or the capacity to perform acts in law, is not an obstacle to making an entry. However, if the applicant was already dead at the time of submitting an application and this fact is revealed in the course of appellate or cassation proceedings, decisions made in the case shall be repealed and the motion will be rejected.