Litigants in Civil Proceedings: Capacity and Representation
Litigants in Civil Proceedings
Parties and Requirements
In civil proceedings, a duality of opposing parties is necessary: the plaintiff (who initiates the action) and the defendant (against whom the action is brought). The concept of a party is formal, representing those who assert or defend a particular action, regardless of whether they hold the underlying rights.
Parties must be clearly identified at the beginning of the process. The plaintiff bears the burden of providing information to identify both parties, including addresses for notification.
Capacity and Legal Standing
Parties must meet specific requirements:
- Capacity to be a party: The ability to hold rights, duties, and obligations within the process. This is akin to legal personality under civil law.
- Legal standing: The ability to perform procedural acts validly.
These requirements are regulated by Articles 6 and 7 of the LEC (Civil Procedure Law).
Capacity to be a Party
This refers to the ability to be subject to a procedural relationship. All individuals possess this capacity from birth until death. Legal persons acquire it upon proper constitution according to law.
Legal Standing
This involves the ability to conduct court proceedings validly. It is more restricted than the capacity to be a party and often requires representation.
- Individuals with full civil rights have legal standing.
- Minors and those lacking full civil rights must be represented by legal representatives.
Representation
Legal entities must appear through representation. Special cases, such as unincorporated associations and trusts, are also addressed by law, granting them capacity and standing.
Procedural Treatment of Capacity
Capacity and legal standing are procedural requirements that must be met. The judge can review these requirements at any stage. Lack of capacity can be raised as an exception, potentially terminating the process if not remedied.
Representation by Attorney and Lawyer
Generally, parties must be represented by an attorney (technical representative) and assisted by a lawyer (legal director). Exceptions exist for certain proceedings, such as verbal trials with claims under €900.
- The attorney receives notifications and communicates with the court.
- The lawyer manages the defense and provides legal direction.
If representation is not mandatory, parties must inform the court of their intention to appear with or without legal assistance.