| Abstract [eng] |
THE NATURE OF LEGAL REPRESENTATION IN CIVIL PROCEDURE Summary The nature of legal representation in Lithuanian civil procedure is the main focus of my thesis. In modern Lithuania, local laws and international treaties guarantee that every person has the right to be represented before courts. Certain aspects of the doctrine of legal representation, however, did develop earlier in Lithuania and were influenced by various western and eastern legal traditions. In Europe, the basic principles of representation in civil procedure were inherited from the Roman law. These principles were also applied to Statutes of the Grand Duchy of Lithuania, Soviet Codes of Civil Law and Procedure, and later in the modern Code of Civil Procedure of Lithuania. The representation in civil procedure is defined as a legal relationship, where one party (i.e. properly authorized representative) on behalf of another party (i.e. represented person) carries out a complex of activities, creating legal consequences directly to the represented person. Only legally authorized attorneys, assistants of attorneys, as well as persons with high legal education (if the latter represent their close relatives or spouse (partner)) may act as representatives in civil cases. The concept of representation in civil procedure reflects three levels of legal regulation: legal norms, legal facts, and legal relationships. Different theoretical perspectives regarding the subject of legal relationships of representation were previously discussed in Chapter 3 of my thesis. The purpose of legal representation in civil procedure is to provide highly professional legal expertise to clients and an assistance to courts in seeking for justice. What must be applied during the legal representation of civil procedure are the principles of the process’s concentration, economy, and cooperation. In regard to the scientific literature of legal representation, the following Lithuanian and foreign authors were researched and cited: I. Nekrošius, V. Nekrošius, V. Mikelėnas, S. Vėlyvis, Vl. Mačys, Z. Toluišis, V. Augulis, L. F. Lesnickaja, L. Rosenberg and others. The issue of legal relationships of representation was analyzed by M.Romeris, S.Dvareckas, A. Dziegoraitis, and K. Lipeika. Legal research on a subject was performed by using the following sources: The Code of Civil Procedure of the Republic of Lithuania, The Constitution of Lithuania, Court Rulings and number of laws related to the legal representation. |
