Representation in Court (Ad litem) in Albania

• Author: Neritan Cena
• Position: Judge in the District Court of Tirana
• Pages: 187-193

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 1 No. 2

June, 2017

ISSN 2519-1284

Acces online at www.iipccl.org

187

Representation in Court (Ad litem) in Albania

Neritan Cena

Judge in the District Court of Tirana

Abstract

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 codifi ed in the articles 90-99 of the Civil Code.

“Thus, representation before the court (judicial representation) is defi 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 granted1”.

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

disqualifi 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.

Introduction

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