Kihagyás

Who can act on my behalf in my enforcement case? What rules apply to the power of attorney acceptable in the enforcement procedure?

As regards procedural issues which are not otherwise provided for in this Act, the provisions of Act CXXX of 2016 on the Code of Civil Procedure (hereinafter referred to as “CPC”) on non-contentious judicial civil actions shall apply, subject to the derogations stemming from the special characteristics of non-contentious proceedings, as well as the general provisions of the Act on the Rules Applicable to Non-Contentious Civil Actions and on Non-Contentious Court Proceedings.

In accordance with Article 65 of CPC the following may function as authorized representatives in judicial proceedings:

a) attorneys and law firms, b) registered legal counsels in cases defined by the Act on Legal Practice, c) the party’s family member, d) the party’s co-litigant, and the representative of the party’s co-litigant, e) the employees of economic operators, and/or other entities other than natural persons in actions related to the employer’s activities, f) the employees of administrative bodies, and/or other budgetary agencies in actions related to the activities of such administrative bodies, budgetary agencies, g) the employees of municipal government bodies in actions in which a municipal government or the powers and responsibilities of its bodies are involved, furthermore, in the same actions the officers defined in the organizational and operational regulations of municipal government bodies, including municipal council members, if the action in question covers a subject for which the officer is authorized to proceed according to said regulations, and h) any person so authorized by law.

Article 66 of CPC defines persons excluded from the scope of authorized representativ. Based on this, the following may not function as authorized representatives: a) any person under eighteen years of age, b) any person who has been banned from exercising his/her civil rights by final court judgment, c) any person who has been placed under guardianship by final court decision covering the subject matter of the action and/or procedural steps in court.

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