General power of attorney also includes representation in bankruptcy proceedings

The principle of access to justice enshrined in the provisions of Art. 6, para. 1 of the ECHR required in civil proceedings in each litigant to provide a real opportunity to take part in the proceedings to protect their interests . When the litigant was deprived of his right to be represented , the final decision be set aside.

That is why the Supreme Court Decision ? 100 of 09.04.2013 , repealed the ruling of the lower court judgment because it considered that the defendant was deprived of his right to be represented in the process. Its legal representative possesses general power of attorney under Art. 34 of the Civil Procedure Code and this gives him the right to represent him in the open by the creditor bankruptcy .

Supreme Court of Cassation of Bulgaria

Supreme Court of Cassation of Bulgaria

Supreme Court justices agree that empowering proxy rights under Art. 34 , para . 1 of the CPC , the principal has given general power of attorney to his attorney , allowing him to represent him before all courts and in all instances, including bankruptcy proceedings . Neither the CPC nor the CA requires the express authorization in the event of an appeal against the debtor’s application for opening of insolvency proceedings .

Therefore, the previous court had no reason to refuse the participation of the lawyer as a legal representative of the defendant on the grounds that the mandate is worded too broadly . Requirement for power of attorney exists only in the provision of Art. 626 , para . 4 of the CA when the initiator of bankruptcy is the debtor , while in the case the case is initiated by the creditor.

1 comment to General power of attorney also includes representation in bankruptcy proceedings

  • [...] The principle of access to justice enshrined in the provisions of Art. 6, para. 1 of the ECHR required in civil proceedings in each litigant to provide a real opportunity to take part in the proceedings to protect their interests . When the litigant was deprived of his right to be represented , the final decision be set aside.  [...]