Abstract

The article shows how many practical problems arise in a trial because of the duty to deliver a power of attorney. Numerous interpretational problems now and again surface in the court case law with respect to the scope, form, nature or interpretation of a power of attorney.

The author postulates to waive the duty to deliver a power of attorney and its ex officio examination by the court with respect to qualified representatives. The absence of the power of attorney would be considered by the court only upon a plea of the opponent, whereas ex officio only when a party is not represented by a professional attorney. Such a solution would simplify the procedure and would significantly relieve the court from the burden of taking up checks.

Apart from that, the principle of trust is also in favour of such a regulation. The relations between the court, the parties and their representatives should be based on the principle of procedural loyalty. In particular, being aware of the fact that a party is represented by an advocate or a legal councillor the court should not ex officio check the existence of a power of attorney. The fact that those persons perform a profession of public trust should relieve then from the duty to deliver a power of attorney to the court. It should be sufficient for qualified representatives to make a statement referring to the power of attorney that has been granted to them.