Right to nomination in Colombia, legal representatives, and termination of power in the general procedural code

Abstract

This article covers the theoretical concept of the right to nomination in Colombia detailing its many exceptions where direct intervention is authorized both legally and constitutionally.

After having explained the legal actions, various hypothesis, and controversies that, in turn, constitute exceptions, the General Code of Procedure’s framework and the many vicissitudes of the physical appearance, along with proposals in such regard, are shown without forgetting, on the other hand, the statutes by which powers of attorney are to be produced during the current time (COVID-19).

In this sense, after an adequate analysis, the theoretical reach, as well as the mechanism of action of the revocation of the power of attorney and its renunciation (causes for termination) are laid out. Among the latter, the death of the lawyer representing his or her client and two kinds of legal incompetence known as: «sudden incompetence» (fortuitous) and «original incompetence» (by nature), which do not constitute cause for procedural nullity.

The methodology by which this article was written had the very intention of analyzing the statutes set forth before and after the 1991 Constitution, and before and after the doctrine (jurists) and case law; statutes in which comments, critics, and propositions are observed due to the existing “symbiosis” between Procedural Law and Positive Law.