A significant difference between contentious and non-contentious proceedings lies in the initiation of proceedings. Whereas in civil proceedings the principle of disposition applies, and the parties thus determine the initiation, subject-matter and end of the proceedings, in non-contentious proceedings the “official principle” applies. Certain proceedings can therefore also be initiated ex officio and thus not solely by the parties. This applies, for example, to the official initiation of proceedings in matters of parent and child (e.g. entrustment of custody due to endangerment of the child’s welfare).
As a rule, however, proceedings are initiated upon application, which can be submitted in writing or declared orally on the record. After the motion has been filed, it is examined by the court to determine whether it is admissible and whether the procedural requirements have been met.
The proceedings themselves should then be conducted with the shortest possible duration, although the matter itself must also be discussed exhaustively. The parties are also obliged to support the court in conducting the proceedings as quickly as possible.
There is also another difference to civil proceedings with regard to the evidence procedure. While the principle of cooperation applies in contentious proceedings, according to which both the parties and the court compile the basis for the decision, non-contentious proceedings are based on the principle of investigation. According to this principle, the court must ensure that all facts relevant to the decision are clarified. However, the parties naturally have a certain duty to cooperate and to tell the truth.
As a rule, the proceedings are terminated either by a settlement between the parties or by a court order.
