Abstract

The article examines issues related to the place and trends in the development of the institution of representation in civil proceedings in various legal systems. The institution of representation in civil proceedings is a complex legal institution that has its own historical development trend and embodies the norms of substantive and procedural law. This legal institution arose due to the inability of the subject to appear in court on his own for objective reasons. Trends in the development of procedural representation allow us to conclude that the institution of representation has developed at an ever faster pace in connection with the growing demand for it. Representation is a systemic element of the civil process. In many cases, the status of a representative depends on whether the civil process belongs to one or another system.

In the countries of the Anglo-Saxon system, the doctrinal basis of representation is based on the doctrine of identity. In the Romano-Germanic system, civil procedural law determines the criteria for the legal status of a representative on the basis of the powers granted to him. Based on this, the representation is divided into legal and voluntary representation.

Representation as a legal institution is still in the process of formation, in general, the development of economic relations, trade and, most importantly, the change in relations between people in society, significantly affects the pace of development of the institution of representation.

Key words: civil procedure, institution of representation, Romano-Germanic, Anglo- Saxon, legal system, legal family, doctrine, legal representation, legislation, system, law, source, constitution, principle, court.

Asgarov Huseyn degree candidate
(Baku State University)