Едностранна правна сделка ли е упълномощаването на адвоката за осъществяване на процесуално представителство?
Is the Lawyer’s Authorization to Represent a Client in Legal Proceedings a Unilateral Legal Act?
Author(s): Radoslav DimitrovSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Великотърновски университет „Св. св. Кирил и Методий”
Keywords: procedural representation; authorization; power of attorney; right to counsel
Summary/Abstract: This article examines authorization as one of the conditions for a lawyer to have representative power in the exercise of justice. The prevailing thesis in the theory of Bulgarian law theory is that the power of attorney is a unilateral legal act. At the same time, Art. 93(2) of the Bulgarian Code of Criminal Procedure gives reason to some scholars to define the authorization of a defender as a contract. In this context, the paper attempts to answer the question of whether the authorization of a lawyer to represent a client in legal proceedings is a unilateral legal act according to Bulgarian law. In addition, some proposals have been made de lege ferenda.
Journal: De Jure
- Issue Year: 24/2024
- Issue No: 1
- Page Range: 103-112
- Page Count: 10
- Language: English, Bulgarian
