Udział osoby działającej jako pełnomocnik strony, która nie może pełnić tej funkcji a dopuszczalność potwierdzenia czynności dokonanych przez tę osobę
Participation of a person acting as a proxy of a party who cannot perform this function, and the admissibility of confirming actions performed by that person

Summary/Abstract: The text presents the issue of the possibility of a party confirming actions in proceedings carried out by a person acting as a party's representative, who, however, is not eligible to be a representative. According to the Code of Civil Procedure, parties and their organs or statutory representatives may personally act before a court, or through proxies. The catalog of those who may be proxies has been strictly defined in the procedural act and is exhaustive. In the context of this regulation, the judicature presents different views on what are the results of actions undertaken by a person from outside of this catalogue, who is yet acting as a proxy and the possibilities of validating the action undertaken by such a person. According to one view, in case of validation of the actions undertaken by such person, it is impossible to consider the entire proceeding as invalid according to article 379 point 2 of the Code of Civil Procedure. According to a different approach, such a situation always leads to invalidation of the proceeding due to the proxy’s lack of empowerment. The article presents a broad perspective of the views expressed in the literature, especially prominent specialists dealing with the issues of civil proceedings, as well as a wide range of resolutions and rulings of the Supreme Court. The author conducts an in-depth interpretative analysis of the provisions enabling parties to be replaced by proxies, describing completely divergent views leading to the final conclusions closest to the author. The study presents a prevailing line in doctrine and case law, also supported by the author of the study, indicating the stabilization of legal thought in relation to the mandatory rules of Polish civil procedure. It a significant point that actions are recognized as unconditionally invalid when carried out by persons who are not eligible to be a representative at all.

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