In case the defendant has duly authorized a representative to participate in the proceedings, the Court shall serve the representative of the defendant without having to serve the defendant.
In case the defendant has duly authorized a representative to participate in the proceedings, shall the court serve the procedural documents to the defendant or his representative to participate in the proceedings? If the involved party is absent from the appellate court session but his authorized representative is present, does the court have to postpone the court hearing as prescribed in Clause 2, Article 296 of the 2015 Civil Procedure Code?
Official Dispatch No. 01/2017/GD-TANDTC of the TANDTC on answering a number of professional issues provides the following guidance:
Clause 4, Article 85 of the 2015 Civil Procedure Code stipulates: “The authorized representative under the provisions of the Civil Code is the authorized representative in civil procedures”.
Clause 2, Article 86 of the 2015 Civil Procedure Code stipulates: “Authorized representatives in civil procedures shall exercise the civil procedural rights and obligations of the involved parties according to the content of the power of attorney.”
According to the provisions of Article 141 of the 2015 Civil Code (Article 144 of the 2005 Civil Code), the scope of authorized representation is determined according to the content of the authorization.
Thus, in case the defendant has authorized another person to represent him or her to participate in the proceedings, the Court will only serve the defendant’s representative but not the defendant. The service of the defendant’s representative shall comply with the provisions of Chapter X of the Civil Procedure Code 2015. The court shall only serve the defendant when the authorization to participate in the proceedings is between the defendant and the person. termination or service on their behalf of matters not covered by authorization.
Source: According to kiemsat.vn
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