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WHO CAN BE A REPRESENTATIVE IN THE COURT OF LITTLE MATTERS?

The Supreme Court, composed of a panel of judges of the Second Judicial Chamber of the Civil Court of Cassation, clarified that in cases in minor disputes, a person over 18 years of age may be a representative.

The decision of 15 January 2020 in case № 761/35015/17 canceled the refusal of the appeal to accept the complaint from a representative who is not a lawyer.

The CCC explained that in accordance with the first part of Article 47 of the CPC, individuals who have reached the age of majority, as well as legal entities, have the ability to personally exercise civil procedural rights and perform their duties in court (civil procedural capacity).

The interpretation of the first part of Article 47 of the CPC shows that procedural capacity has, in particular, a natural person who has reached the age of majority.

We remind you that currently insignificant cases are:

1) cases in which the price of the claim does not exceed 100 living wage for able-bodied persons;

2) cases of insignificant complexity, recognized by the court as insignificant, except for cases that are subject to consideration only under the rules of general claim proceedings, and cases in which the price of the claim exceeds 500 times the subsistence level.

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