Should provisions of proceedings in commercial matters be applied in non-contentious proceedings?

Abstract

In this article, the author discusses whether it is possible to apply provisions of proceedings in commercial matters when a court hears a commercial case in non-contentious proceedings. The starting point for the analysis is the unclear regulation of Art. 4582 of the Code of Civil Procedure which contains a catalogue of commercial matters that is supposed to determine the scope of application of the special contentious proceedings, and which also includes some non-contentious matters. The author takes a critical approach to the above regulation and tries to prove that the provisions on proceedings in commercial matters cannot be applied in non-contentious proceedings.