Controverse vizând reprezentarea judiciară a părților în procedurile judiciare
Controversies regarding the legal representation of parties in judicial proceedings

Summary/Abstract: The issue raised in the title, however generous it may seem, focuses on three controversies in the field of legal representation. The first is generated by the fraudulent involvement of clandestine lawyers in legal representation or its unseen side, legal advice without the "clandestine lawyer" revealing their presence, by drafting the summons or other procedural documents and by managing the procedural position of the party appealing or accepting such fraudulent services. Obviously, the manner of liability of those involved in such fraudulent maneuvers is also involved. The second concerns the scope of application of the guardianship of the inheritance, regulated by Article 1136 of the Civil Code, namely whether it applies only to succession actions, or also to other actions aimed at fulfilling the obligations assumed by the deceased, namely the interpretation of the phrase "actions against the inheritance" contained in the specified provision.The third is generated by how legal representation is interpreted, especially in misdemeanor proceedings, in the case of shell companies, or in other words, fictitious companies, and how they participate in legal proceedings so as not to conflict with the right of access to justice. All of these have in common the need, de lege ferenda, to identify at least a few measures to reform the institution of legal representation, which is the purpose of this approach.

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