Reconciliation

Settlement can take the form of reducing the amount of claims, waiving a penalty or interest, including late payment or penalty and interest, or how to reduce them or to postpone the due date.

 

Out of court legal relations, one way of resolving is to conclude a settlement not only before the trial, but also concluding conciliation at the court hearing.

 

Recourse is permitted in any civil dispute, except in cases provided for by law ". The conclusion of a settlement is not permitted by law in the following cases:

1) in disputes related to amendments to civil status records;

2) in disputes involving property rights of persons under guardianship or guardianship;

3) in disputes concerning immovable property, in the event that the participants include persons whose rights to acquire or dispose of immovable property are restricted in accordance with the procedure prescribed by law;

4) if the provisions of the settlement conflict with the rights of another person or with the interests protected by law.

 

The cases considered by law are exhaustive, i.e. Conciliation is not allowed only for cases listed in the law, but in all other cases, individuals are entitled to conclude an amicable settlement.

 

The conciliation of the parties must be made in writing and submitted to the court for approval, and the settlement must indicate the subject of the dispute and the obligations of each party which it voluntarily undertakes to execute. A settlement approved by the court, if the parties voluntarily fail to do so, are enforceable in the same way as a judgment, i.e. On the basis of an approved settlement, an executable article may be withdrawn and enforced.

 

The settlement approved by the court has legal consequences that the proceedings in the case are brought to an end and, consequently, a repeated litigation in a dispute between the same parties, is not permissible for the same subject matter and on the same basis.