CONVENTIONAL REPRESENTATION OF THE LEGAL PERSON Cover Image

CONVENTIONAL REPRESENTATION OF THE LEGAL PERSON
CONVENTIONAL REPRESENTATION OF THE LEGAL PERSON

Author(s): Andreea Diana Stupu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: conventional representation; unconstitutional article; discrimination between legal persons and natural persons; the right to defence; free access to justice;

Summary/Abstract: The author presents aspects regarding the conventional representation of the legal person before the courts, regulated by art. 84 paragraph (1) The Romanian Code for Civil Procedure (NCPC), according to which the legal persons can be represented conventionally before the courts only through a legal adviser or lawyer, according to the law. Analysing the provisions of the Constitution, regarding the free access to justice and the author finds treatment differences applied between natural and legal persons, although guaranteeing the free access to justice and of the right to defence must be granted without discrimination, equally to both natural and legal persons. In this context, an analysis is made on the possibility of the conventional representation of the legal person before the courts, by other agents, appointed by the management bodies, besides those provided by the legislation in force (legal adviser or lawyer).

  • Issue Year: XVIII/2019
  • Issue No: XVIII
  • Page Range: 226-235
  • Page Count: 9
  • Language: English
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