Some Questions on Legal Representation in the New Code of Civil Procedure
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Abstract
The novations on legal representation in the civil procedure law are associated with the adoption of the new Code of civil procedure in Lithuania. The authors of the new Code referred to the social civil procedure model, which is typical to many Europe countries, especially to Austrian civil procedure law.
The aim of the article is to view the most important aspects of the legal representation, analyzing the new Code of civil procedure.
The new Code of civil procedure brought a lot of alterations. One of the most important novations, related to legal representation, is the presentation of the final list of persons who have a right to be representatives on the instruction. The new Code reduced the number of representatives, who can represent the interests of clients in courts. The right of representation is granted to the barristers and their assistants. Though some exceptions exist: persons having university law education can represent their close relative or spouse (partner), also one accessory can represent on the instruction of the others accessories, and trade unions represent their members in labor relations cases. The new Code also ascertained the cases where the barrister‟s participation is indispensable. In the cases where the party is represented by barrister, court„s obligation is to clear up the rights and the obligations of the party to go over to his barrister. Also it is important to mention that the new person – curator – appeared among the other participants of the civil procedure.
The new Code also declares the novation connected with the delivery of the documents. Few ways of delivery appears: delivery to the representative, delivery to advocate and delivery to curator. Another important novation is the new written way of preparation for the trial. This way of preparation (formation of preparatory documents) is compulsorily applied in cases where advocates or their assistants represent both parties.
Reformed institution of legal representation in civil process facilitates putting into practice new principles of concentration and cooperation of the process. Obviously, the better quality of representation will not only help saving up the court time, but also ensure the better conditions for the court to make a just and impartial decision in civil cases.
The aim of the article is to view the most important aspects of the legal representation, analyzing the new Code of civil procedure.
The new Code of civil procedure brought a lot of alterations. One of the most important novations, related to legal representation, is the presentation of the final list of persons who have a right to be representatives on the instruction. The new Code reduced the number of representatives, who can represent the interests of clients in courts. The right of representation is granted to the barristers and their assistants. Though some exceptions exist: persons having university law education can represent their close relative or spouse (partner), also one accessory can represent on the instruction of the others accessories, and trade unions represent their members in labor relations cases. The new Code also ascertained the cases where the barrister‟s participation is indispensable. In the cases where the party is represented by barrister, court„s obligation is to clear up the rights and the obligations of the party to go over to his barrister. Also it is important to mention that the new person – curator – appeared among the other participants of the civil procedure.
The new Code also declares the novation connected with the delivery of the documents. Few ways of delivery appears: delivery to the representative, delivery to advocate and delivery to curator. Another important novation is the new written way of preparation for the trial. This way of preparation (formation of preparatory documents) is compulsorily applied in cases where advocates or their assistants represent both parties.
Reformed institution of legal representation in civil process facilitates putting into practice new principles of concentration and cooperation of the process. Obviously, the better quality of representation will not only help saving up the court time, but also ensure the better conditions for the court to make a just and impartial decision in civil cases.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
