Is the Lawyer’s Authorization to Represent a Client in Legal Proceedings a Unilateral Legal Act?

Authors:

Pages: 103-112
DOI: https://doi.org/10.54664/NSOQ1316

Abstract:

This article examines authorization as one of the conditions for a lawyer to have representative power in the exercise of justice. The prevailing thesis in the theory of Bulgarian law theory is that the power of attorney is a unilateral legal act. At the same time, Art. 93(2) of the Bulgarian Code of Criminal Procedure gives reason to some scholars to define the authorization of a defender as a contract. In this context, the paper attempts to answer the question of whether the authorization of a lawyer to represent a client in legal proceedings is a unilateral legal act according to Bulgarian law. In addition, some proposals have been made de lege ferenda.

Keywords:

procedural representation; authorization; power of attorney; right to counsel.

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