In principle, freedom of representation applies in first instance proceedings—this means that the parties do not have to be represented, and even if they are, the representation does not have to be by a lawyer. However, there are some exceptions to this basic rule, in which either relative or absolute representation is ordered. In some of these cases, representation must even be by a lawyer or notary;such an absolute obligation to be represented by a lawyer exists, for example, at first instance in proceedings to establish the right to inheritance in excess of EUR 5,000.
In the second instance, there is, in principle, a relative duty of counsel or a duty of representation; in the third instance, there is an absolute duty.
