Failure to draft the appeal by the lawyer or legal adviser

The High Court of Cassation and Justice has ruled that, in accordance with Art. 13 para. (1) of the new Code of Civil Procedure, in the case of legal representation or judicial representation of individuals, if the proxy is a spouse or relative up to the second degree inclusive, and is licensed in law, assistance him a the lawyer is not required at the stage of the appeal proceedings. Regarding legal representation or judicial representation of a legal entity, as there can be no question of kinship of a legal entity; the stage of the appeal proceedings remain, under penalty of nullity, under the legal obligation to be assisted by an attorney or representative of the Legal Adviser, as referred by the provisions of art. 80 para. (5) of the Civil Procedure Code, which refers to art. 84 para. (2) of the same code. In this case, the appeal was made by the union, through its representative, as a union leader, a person with legal training, a law degree. The High Court held that, to the documents filed, the appeal does not meet the requirements of art. 486 of the Code of Civil Procedure, being drawn up by a lawyer or a legal adviser and has no attached proof of authorization or delegation nor is signed by such representative, so that nullity of the appeal occurs. (Decision no. 1011 of March 26, 2014 issued by the Civil Section I of the High Court of Cassation and Justice covering appeal by the union)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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