Representation as an Important Institution of Civil Law

Representation is a fundamental institution within civil law, playing a crucial role in the resolution of legal affairs. Subjects of law during the establishment of legal affairs or undertaking various procedural actions in civil litigation procedures may engage representatives who act on behalf and for the benefit of their interests. This paper explores the significance of representation as a legal mechanism including its impact on the efficacy of legal proceedings and the protection of parties' interests.

The necessity to act through representation arises as a result of the intensification of social relations and finds wide application due to the lack of time and the impossibility of parties to personally carry out their actions every time. Additionally, it is due to the complexity of the legal affairs and the risks that may be encountered in the absence of professional knowledge, whether they are physical or legal persons.

This paper aims to discuss difficulties faced by individuals who do not engage such representatives, like lawyers, to resolve their legal matters and examines the impact of such representation on court proceedings. It also addresses the challenges and limitations associated with representation, such as issues related to the quality and competence of representatives, and the potential disparities faced by those unable to afford legal services.

This research employs various methods, including historical and theoretical analysis, examination of judicial practices, and comparative aspects. The historical method highlights the evolving nature of representation in civil law over time. While the comparative method is used to investigate how the right to representation is regulated across different jurisdictions, revealing similarities and differences in their legal frameworks. The findings underscore the importance of effective representation in ensuring fair and equitable outcomes in civil legal processes.