Voluntary jurisdiction

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VOLUNTARY JURISDICTION. In the ecclesiastical law, jurisdiction is either contentious jurisdiction, (q.v.) or voluntary jurisdiction. By the latter term is understood that kind of jurisdiction which requires no judicial proceedings, as, the granting letters of administration and receiving the probate of wills.

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281) Voluntary jurisdiction also appeared in Scotland, and the distinction between contentious and non-contentious jurisdiction was described in the late eighteenth century by Sir John Erskine, author of a treatise that was well-known in Britain and in America.
In France, the civil code defines voluntary jurisdiction, or juridiction gracieuse, to encompass both ex parte proceedings and feigned controversies.
301) Mauro Cappelletti and his co-authors report that the traditional definition is that voluntary jurisdiction involves the "public administration of private law by judicial organs.

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