REPREZENTAREA ȘI ASISTAREA PÃRȚILOR PRIN AVOCAT SAU CONSILIER JURIDIC ÎN LUMINA NOULUI COD DE PROCEDURÃ CIVILÃ

In the first part of this study the authors present the advantages of parties’ representation through a lawyer, namely through a legal adviser. They’re also showing the solutions promoted in comparative law in this matter, noting that the principle of European law is that of mandatory parties’ representation by a lawyer. Authors’ approach materializes in a comprehensive analysis of the new Code of Civil Procedure provisions concerning parties’ to the appeal mandatory representation through a lawyer or legal adviser. In the authors’ opinion this requirement is aimed not only at the appellant, but also at the intimate. Individual reflections are also formulated in terms of the representation of the parties in withdrawal extraordinary remedy at law, namely the appeal for annulment and revision. The provisions of the law regarding the measures for relieving courts and preparing the implementation of Law no. 134/2010 regarding the Code of Civil Procedure are also analyzed, summarized in the final part of the study. This normative act contains a particular provision on judicial and prosecutor offices’ representation in court. The authors opinion that the procedural rule subject to the analysis takes into account the representation of courts and prosecutors offices in the event that they participate on their own behalf in the substantive law report.