Abstract

The article concerns the application of Art. 520 of the Code of Civil Procedure. This provision constitutes an autonomous basis for adjudicating on the costs of non-contentious proceedings. In non-litigious proceedings, the rule is that each party incurs the costs of their participation (Art. 520 § 1 of the Code), as opposed to litigation in which, as a rule, the losing party is obliged to reimburse the opponent at their request., The legislator provided for certain exceptions from this rule related to a varying degree of interest, conflict of interests, as well as a dishonest or ostensibly inappropriate conduct of a party to the proceedings (Art. 520 § 2 and 3 of the Code). The appropriate application of Art. 102 of the Code is not excluded either. The article presents the views of the doctrine and judicature on the issue of the costs of non-litigious proceedings as well as interpretational problems arising from the scope of certain provisions and the concepts contained therein. In the conclusion, de lege ferenda postulates have been proposed to facilitate interpretation of the provisions on the costs of non-litigious proceedings.