The problematic Article 45.2.d) o Law 29/1998, of 13 July, regulating Contentious-Administrative Jurisdiction: jurisprudential doctrine and critical positions
DOI:
https://doi.org/10.36151/RJIB.2025.27.03Keywords:
writ of appeal, power of representation, corporate agreement to litigate, grounds for inadmissibility of the appeal, remedy of the omission of the corporate agreement to litigate, right to effective judicial protection, pro actione principle, right of access to jurisdiction, principle of prohibition of defencelessnessAbstract
This study analyses the case law on the documents that must be submitted by legal entities when filing a contentious-administrative appeal in ordinary proceedings or with the claim in abbreviated proceedings, as required by Article 45.2.d) of Law 29/1998, of 13 July, the non-compliance of which determines the inadmissibility of the appeal. It also examines their possible rectification in the event that they have not been provided at the required procedural moment. As well as the exception to the provision of said documentation when the legal entity has a sole administrator or is a single-member limited liability company.
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