Representation in Court (Ad litem) in Albania

AuthorNeritan Cena
PositionJudge in the District Court of Tirana
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
Vol. 1 No. 2
June, 2017
ISSN 2519-1284
Acces online at
Representation in Court (Ad litem) in Albania
Neritan Cena
Judge in the District Court of Tirana
The representative besides judicial acts that he/she undertakes on behalf of the represented
undertakes other legal acts as well. One of those acts/actions is that of representing the
actions on behalf of the represented in front of the court. Court representation is one of those
representations that have been recently codi ed in the articles 90-99 of the Civil Code.
Thus, representation before the court (judicial representation) is de ned as a relationship on whose
basis a person (the representative) undertakes procedural acts on behalf of and in the interests of another
person (the represented that is a party in court) exercising the procedural rights and obligations of the
represented within the limits of the rights that have been granted1”.
The right of intra-court/judicial parties that pursue the litigation in court via the mediation of a
representative is not constrained or limited by any condition. Therefore, the court has no right
to refuse the nomination of a representative by any of the intra-court litigation parties, in those
cases in which the representative is a person that has the right to function as a representative.
Judicial representation as one of the types of representation has these features:
The judicial and procedural acts/actions of the representative are not undertaken by the
representative but on behalf of the person that is represented in civil court.
The judicial consequences of the procedural activities of the representative, which are exercised
within the limits of the rights given by the represented, belong to the la er.
For example, in case the indictment that is defended in court by the representative is
disquali ed, the claimant has no right to present the same case in court, because this has
already been decided earlier.
Keywords: Representation in Court (Ad litem), Albania, judiciary.
Judicial representation di ers from procedural replacement. In the case of judicial
representation, a person acts in court on behalf of a third party with the intention to
defend the rights of the third party and therefore, the judicial representative is not
party in the court. Whereas, in the case of procedural replacement, this representative
acts in court on his/her own behalf in order to defend the rights of a third party.
Therefore, he or she, in this regard, is considered a party in the court.
Article 90, second paragraph of the Code of Civil Procedures stipulates that: “No one
can represent in a civil court the right of the others, unless the law foresees otherwise”.
In fact, the law recognizes the possibility of the litigant parties to be represented in
court by other persons. This kind of judicial representation can be of two forms:
a) Upon will or contractual;
b) Obligatory or legal.
A representation that is based on will or that is contractual derives from an agreement
1 Refer to Alqiviadh Lamani , Procedural Civil Law f. 53-57

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