In civil proceedings, not everyone may participate personally — and not every authorized person holds the same powers. The law draws a sharp line between the statutory representative and the authorized representative, especially on one practical question: who may sign the statement of claim?
1. Telling the two types apart
- Statutory representative (Arts. 85, 86 of the 2015 Civil Procedure Code): representative status arises from the law itself — for example, parents are the statutory representatives of their minor children; a guardian is the statutory representative of the ward; the head of a legal entity is its statutory representative. No authorization document is needed.
- Authorized representative (Arts. 86, 87): status arises from a written authorization made by the litigant. Powers are limited to what the authorization document states — no more, no less.
2. Who signs the statement of claim?
This is the most error-prone point in practice, and the law answers it plainly (Art. 189 of the Civil Procedure Code):
- An individual with full civil procedure act capacity: must sign personally — may not authorize another person to sign on their behalf (Art. 189.2.a). Even with a power of attorney in place, the signature on the statement of claim must be the litigant own.
- A person lacking civil procedure act capacity (persons who lost civil act capacity, minors): the statutory representative signs.
- Agencies and organizations (legal entities): the statutory representative signs and affixes the entity seal.
- An authorized representative may sign the statement of claim only if the authorization document expressly covers filing suit — a generic authorization is not enough.
3. Special exception: divorce bars authorized participation
Article 85.4 of the Civil Procedure Code provides that in divorce cases, litigants may not authorize another person to participate in proceedings on their behalf. This is a principled exception — divorce concerns personal status, and the court must hear the parties own will directly. No authorization document, however valid, can substitute for personal participation in a divorce trial.
4. Practical checklist
Before filing, verify three points: (1) the signatory is the litigant or the statutory representative; (2) if an authorized representative, the authorization expressly covers filing suit; (3) the case is not in a category barring authorization (such as divorce). A statement of claim signed without authority will be returned by the court, wasting time and potentially affecting limitation periods.
Frequently asked questions
If I authorized a lawyer, can the lawyer sign the statement of claim for me?
Only if the authorization expressly covers filing suit. For a capable individual, the rule is personal signature; delegating the signing of the statement of claim is prohibited.
The company director is away — can the deputy director sign the claim?
Only the entity statutory representative may sign and seal. A deputy may sign only as the statutory representative or under an authorization expressly covering suit filing.
In a divorce case, can I authorize someone to attend conciliation or trial for me?
No. Article 85.4 prohibits authorized participation in divorce proceedings.
Legal basis: 2015 Civil Procedure Code (Arts. 85, 86, 87; Art. 189.2.a).
Need to draft a statement of claim or verify signing authority in a civil case? Contact FLAT Law Firm via the contact page for support.
For general information only; not legal advice.
The legal content of this article was reviewed by the AI Legal Council of FLAT and submitted to the owner for approval; it is not the opinion of a human lawyer and does not replace legal advice for specific cases.
