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26-03-2015

Relation between contested and uncontested procedure

Kosovo Judicial Institute, on March 26th 2015, within CTP held the training for judges on the topic of “Relation between contested and uncontested procedure”.

This training aimed to enhance knowledge of judges on practical implementation of these two procedures, differences and similarities between them and identification of actions undertaken in one procedure that may be valid for the other procedure as well.

This training elaborated topics related to principles and rules of the contested and uncontested procedures, as two different judicial procedures that serve for protection of two entities requiring judicial protection.

In this context, the relation between contested and uncontested procedures was treated, their inter-relation and court actions in cases when contested procedure provisions are applied in the uncontested procedure, then cases when the uncontested procedure turns into contested procedure.

Assessment of conditions by the court for conducting contested procedure and the uncontested procedure, in cases when allowing the judicial proceeding was also elaborated.

During discussions it was also discussed on other matters pertaining the parties in contested procedure and participants in the uncontested procedure, as well as court judgments for both procedures, emphasizing differences between them.

Training methodology was combined with theoretical explanations, discussion of case law with the aim of bringing together the judges positions related to their dilemmas and unification of judicial practice.

Beneficiaries of this training were judges of basic courts.

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