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Sumbitting and receiving substantive statements by a legal representative with particular consideration of deduction

deduction proxy civil proceedings substantive law

The Code of Civil Procedure regulates separate kind of power of attorney – i.e. procedural power. The range of this kind of power of attorney was specified in the article 91 of the Code of Civil Procedure. Point 4 of this article gives proxies the entitlement to make substantive legal statements. According to literal meaning of this article, this entitlement does not include making and accepting deduction statements. Therefore, the doctrine and judicatory developed certain assumptions which allow to make and accept deduction statements. However, due to the different approaches on this matter, three lines of jurisprudence views were formed. Those views involve practice not only in common courts but also in the Supreme Court. For this reason, the development of legal science requires some solutions such as de lege ferenda postulates or creation of legal principle covering this issue.

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

10.34616/fiuw.2020.1.193.206

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