MICRO MICRO STUDY OF ANALYSIS REGARDING THE ABSENCE OF REPRESENTATIVE QUALITY VS. THE ABSENCE OF PROOF OF REPRESENTATIVE QUALITY IN A COMPARATIVE CONTEXT
MICRO MICRO STUDY OF ANALYSIS REGARDING THE ABSENCE OF REPRESENTATIVE QUALITY VS. THE ABSENCE OF PROOF OF REPRESENTATIVE QUALITY IN A COMPARATIVE CONTEXT

Summary/Abstract: The scientific study explores aspects related to representation in civil proceedings, in accordance with the Civil Procedure Code of Romania. It emphasizes the right of the parties involved in a legal process to personally exercise their procedural rights or to opt for representation through a legal representative, thereby providing flexibility in legal procedures. The concept of representation is detailed, highlighting that in the case of a contract concluded between a representative and a third party, the effects of the contract will occur directly between the represented party and the third party, with the representative becoming only a formal participant in the contract's conclusion. The importance of these legal requirements for ensuring transparency and legality in the process of representation within judicial procedures is highlighted. Additionally, exceptions related to the absence of representative quality and the lack of proof of representative quality are analyzed, emphasizing that the lack of proof can be corrected according to legal provisions. A distinction is made between these aspects, highlighting that the former has an impact on the right to act, while the latter influences the procedural aspects of legal representation. In conclusion, the study addresses a specific situation from Romanian judicial practice, highlighting some difficulties and controversies related to the legal representation of the Romanian State in a case contesting a local decision regarding the public ownership of land.

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