Abstract

Certification of the power to represent a party in civil proceedings constitutes a duty of vital importance for the course of entire litigation due to the consequences arising from a failure to fulfil this obligation. The application of Art. 68 of the Code of Civil Procedure which sets the above obligation arouses questions relating in particular the addresses of that duty, the aim of the regulation, as well as the actions of the court with respect to examining the correctness of certification of the power of attorney and removing the defects. Of vital importance are also statutory exemptions from this duty since as special regulations they should not be interpreted broadly. In this respect, the application of that regulation to the councillors of the General Attorney of the State Treasury should be noted. Doubts also arise as regards the application of Art. 68 of the Code of Civil Procedure to the holders of offices whose appointment (nomination, election) is published in the official journal. These issues are discussed in the first part of the article.