Lawyer Litigation Varna and Varna

Litigation

 

Litigation exists when instead of the country and on behalf of another person commits or accept actions committed against the country.

May be necessary due to capacity, actual obstruction, lack of special knowledge.

Litigation may be exercised only to the country in the process (and not to any other participant).

Legal representation can only be directly (as opposed to representation in civil law) - conducting foreign process is unacceptable (Art. 26, para. 2). A person must be authorized by law or with the authorization transaction.

Availability of proper representative government is a procedural prerequisite for the exercise of right of action.

Procedural action shall be made to the court, so he should be informed that the person committing the action is not involved in his own and other name. Withdrawal of the authorization must also notify the court - CPC.

Counsel is located in an additional procedural relationship parallel between this country and the court - has its own rights and obligations (Tsv.Zh.):

                         1) He is obliged to export the truth before the court (and the country).

                         2) You can re-authorize (only he).

                         3) damage to the country could he wants redress.

                         4) It is not the addressee of the acts to acquire rights and obligations.

                         5) A specific obligation to prove the representative power. This is done with the act from which it follows: for children with birth certificate; legal adviser - a contract of employment; attorney with representation by proxy - only it has requirements in the law, even if it is applied attorney is valid if recorded in the minutes.

Service shall be effected only an address or proxy - acc. CPC

Litigation by proxy can be entrusted only to persons referred to in Art. 32 (another difference with representation in civil law) - lawyers, legal advisers and officials with legal education, governors authorized by the company. Minister, parents, children and spouse (for PPC - rising and falling without Restrict.). The power of attorney in writing with details or protocol. Claims of civil status is necessary power of attorney and wants to dispose of or issue right.

 "Especially representation" - when urgent action on procedural incapacitated; persons nezivesten address; conflict of interests.

Legal entities - by law, by statute; (Subsidies - by two members of management) of the Head of state institutions; Mayor of the Municipality; State - MrFin, Real. Estate - MraRRB