As a rule, there is no need for lawyers or solicitors in court proceedings. Access to the court is guaranteed in the Constitution of every citizen, and therefore he can apply for legal protection in person. As a rule, this is the case in most cases.
This means that the requirements of a lawsuit are designed to be handled by someone who does not have legal knowledge. Of course, the lawsuit itself must meet certain minimum criteria set by the Code of Civil Procedure.
According to Art. 187 must include:
In the case of property rights also mark the value of the subject matter of the dispute, unless the subject of the case is a monetary amount;
To quote the facts justifying the request and, where necessary, justifying the jurisdiction of the court.
In addition to the lawsuit itself, it should comply with the terms of the pleading.
From the above it follows that the necessary condition of the claim is not to indicate the legal basis of our claims. This means that the party may confine itself to presenting the facts and the related claim (eg, payment, issue of the item). The court will have to determine the legal basis of the plaintiff’s claim.
As it was stated at the outset, in the court proceedings, everyone may in principle be acting alone. Under certain circumstances, however, the use of professional services is required by law. Without this action the parties will not produce legal effects.
As is clear from Art. Section 871 of the Code of Civil Procedure shall, first of all, be dealt with before the Supreme Court. According to the recited provision, the attorney’s participation will also be necessary in the lower court in the proceedings before the Supreme Court.
A cassation appeal is filed with the Supreme Court through the court of second instance. In such a situation, you will also need a substitute for a lawyer or solicitor.
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From the above it follows that the obligatory replacement by a professional attorney will be necessary in the case of a cassation complaint, the complaint to declare the illegality of the final decision. In addition to the so-called. Attorney-Advocate will also exist at the complaint for lengthy proceedings.
There is also a compulsory representation in the July 2010 group proceedings.