II PZP 12/05
AI generated
Supreme Court ruled that an attorney's power of attorney to a law student is invalid but does not void proceedings.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether an attorney could grant a power of attorney to a law student. The defendant argued that the student's unauthorized representation rendered the proceedings void under Article 379 of the Code of Civil Procedure. The court held that while the student lacked the legal capacity to be a substitute representative, the primary attorney was properly authorized, thus the procedural defect did not invalidate the entire process.
Legislator headnote
AI generatedArt. 379 pkt 2 k.p.c.; An attorney's power of attorney to a law student is invalid, but such a defect does not lead to the invalidity of proceedings if the main attorney was properly authorized.
Keywords
AI generated
power of attorney
law student capacity
substitute representative
procedural invalidity
Code of Civil Procedure
legal capacity
attorney authorization
Cited Legislation
AI generatedArt. 379 pkt 2 k.p.c.
art. 379 pkt 2 k.p.c
art. 91 k.p.c
art. 86 k.p.c
art. 87 § 1 k.p.c
art. 88 k.p.c
art. 91 pkt 3 k.p.c
Cited Case Law
AI generatedI PKN 586/00
High Court dismisses appeal; improper authorization of counsel always invalidates proceedings under Art. 379(2) KPC.
III CZP 32/04
Supreme Court dismisses appeal confirming that a party cannot ratify acts by an unauthorized lawyer. The court rules that such acts are void and cannot be cured by ratification.
III CZP 93/68
III CZP 112/92