There is no statutory enumeration of matters to be settled in non-contentious proceedings—thus, there is no exhaustive list of contentious matters to be dealt with under the Non-Contentious Proceedings Act (AußStrG). However, some important matters are:
- Matrimonial and child custody matters: This includes, for example, disputes relating to parentage, maintenance, or custody matters as well as contact rights.
- Land registry matters
- Company registry matters
- Certain matters of the right of residence
Thus, whether a matter is to be settled in contentious or non-contentious proceedings says nothing about the intensity of the dispute, but merely refers to the question whether a matter is to be settled according to the provisions of the Code of Civil Procedure (ZPO) or those of the AußStrG. The classification of the matters is mandatory and thus cannot be changed by an agreement of the parties. Therefore, if a matter is to be settled in non-contentious proceedings, it cannot be agreed in deviation therefrom that the provisions of the ZPO shall apply.
