If an involved party is absent from the appellate court session but his authorized representative is present, does the court have to postpone the court session? If the defendant has duly authorized a representative to participate in the proceedings, to whom does the court serve the procedural documents?
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In this regard, on April 7, 2017, the TANDTC issued Official Letter No. 01/2017/GD-TANDTC guiding the People’s Courts, TAQS at all levels and units directly under the Supreme People’s Court as follows:
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.
If the involved party is absent at the appellate court hearing but his authorized representative is present but according to the written authorization, the representative is entitled to fully exercise the involved parties’ rights and obligations at the court hearing, the court shall The court still conducts the appellate court session without adjourning the court hearing as prescribed in Clause 2, Article 296 of the Civil Procedure Code 2015.
Source: According to kiemsat.vn
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