What is authorization?
According to lawyer Nguyen Van Canh (Nguyen Canh Law Firm - Ba Ria - Vung Tau Provincial Bar Association), authorization is the act of a person transferring the right to another person to perform one or several tasks on their behalf according to the content that the parties have agreed to. agreed upon by the parties, within a certain period of time or until the work is completed.
Authorization can take many forms: verbal authorization or written authorization. The most common form is written authorization, divided into two types: power of attorney and authorization contract.
These are legal documents that record the authorizing person's agreement to let the authorized person perform one or more tasks on his or her behalf within the scope specified in the power of attorney or authorization contract.
It is not possible to delegate authority when carrying out divorce proceedings
Lawyer Canh said that although authorization is a fairly common issue, not all cases can be authorized to others, such as divorce proceedings.
According to the provisions of Article 39 of the 2015 Civil Code, marriage is a personal right of each individual. Therefore, in the matter of divorce, civil law has regulations that require litigants to directly participate in carrying out proceedings at the Court without being able to authorize others to do so.
In Clause 4, Article 85 of the 2015 Civil Procedure Code, it is clearly stated: "For divorce, the litigant is not allowed to authorize another person to participate in the proceedings on his/her behalf. In case the father, mother, or other relatives request request the Court to resolve a divorce according to the provisions of Clause 2, Article 51 of the Law on Marriage and Family, then they are the representative.
Clause 2, Article 51 of the Law on Marriage and Family 2014 stipulates: "Fathers, mothers, and other relatives have the right to request the Court to resolve a divorce when one spouse has a mental illness or disease. others who are unable to perceive and control their own behavior, and at the same time are victims of domestic violence caused by their husbands and wives, seriously affecting their lives, health, and spirit." .
Thus, the wife or husband (or both) who want to get a divorce must go to the Court themselves to resolve it. Except in cases of mental illness or illness that cannot perceive or control one's behavior... the father, mother or other relative is allowed to become the representative.
