Article 60: Conducting a case in person or by attorney

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 2232/2567 (2024)

   Appointing an attorney under section 60 creates an agency; on the death of the party (principal), the attorney's authority does not automatically end but continues, under CCC section 828, to protect the deceased party's interests until the heirs or a representative take over.

   After the defendant died, the question was whether his attorney's authority ended. The Supreme Court held that appointing an attorney under section 60 is an agency, so under CCC section 828 the attorney retained authority and the duty to conduct the case to protect the defendant's interests until the defendant's heirs or representative stepped in.

2. Arrêt de la Cour suprême n° 2359/2561 (2018)

   A power of attorney appointing a person to represent a party in a case must be in writing under section 60 paragraph two; and under CCC section 801 a holder of a general power of attorney has no authority to file suit unless specifically empowered.

   The Supreme Court held that appointing a person to represent a party in litigation must be in writing under section 60 paragraph two, and that under CCC section 801 a holder of a general power of attorney cannot file suit without specific authority. The mandatary therefore had no authority to sue on the plaintiff's behalf.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.