The Problematic Issues of the Concept of Representation in Civil Procedure

Inga Žalėnienė

Abstract


The article begins with a general explanation of the term ‘representation’, later on the main attributes of representation in civil procedure are distinguished and analyzed. In the author’s opinion, achievements of civil law science are important in the analysis of the concept; therefore, the main statements of the civil procedure doctrine theories (fiction, representation and interim) are investigated. During the research it was noticed that there is no uniform definition of procedural representation. In real life, there are not only legal institutions belonging to certain branches of law but also institutions combining norms of several branches of law and, consequently, becoming interdisciplinary. Norms regulating representation in civil procedure shall be assigned to the interdisciplinary institution of representation. Such an assignment allows to clearly realize the place of the institution under discussion in the legal system, confining considerably marginal interpretation of procedural representation as a part of general civil representation or as a totally independent legal institution of civil procedure law, because none of these points of view fully reflect relationships that form in real life.

Keywords


civil procedure law; representation; the concept of representation

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236