Abstract

In appeal proceedings, in order for the act of filing an appeal, or an application to join appeal proceedings, to be effective, it must be carried out by the party itself, or a representative properly authorised to act on behalf of the party lodging the specific legal remedies. An authorisation to act on behalf of a particular entity in appeal proceedings may be based, for instance, on a power of attorney. A power of attorney submitted in connection with appeal proceedings is seen as a procedural authorisation, as well as a material one. The formal procedure in terms of appeals requires that the legal nature of a power of attorney in formal appeal proceedings be clearly described. An analysis of the relevant legal regulations leads to the conclusion that, in appeal proceedings, only a reference to the regulations of the Civil Code allows the parties and participants of appeal proceedings to act effectively through an authorised representative.