Kontrowersje wokół pełnomocników przedsiębiorstw państwowych
Loading...
Date
1985
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Controversies on attorneys of State enterprises
Abstract
The present article attempts at settling a question concerning sources of
a legal status of attorney (agent) in the enterprise, character of a legal relation
linking the enterprise with its employee in the situation when the latter performs
external acts, forms of appointing an attorney and admissibility of appointing
fully empowered attorneys in the enterprise.
The sole sources of power of attorney in the enterprise are: declaration of
will of a director and the statute (art. 97, 464 and 734 par. 2 of the Civil Code).
Interpretation of art. 45 sec. 1 of The State Enterprise Act brings to the conclusion
that the director is vested not only with a competence of granting power of attorney
but also of selecting the attorney's person.
The enterprise's employee is not authorised to perform external acts on a base
of the director's mandate addressed to him within the scope of defined "internal"
relation. The said employee can act only on a base of civil law power of attorney. Granting a power of attorney requires only an ordinary written form for its
validity. Art. 45 sec. 2 of The State Enterprise Act is the special provision in
relation to the Civil Code provisions which are voicing the principle of freedom
of form (art. 73 et seq.) and to art. 99 par. 1 and 2 c.c.
On the grounds of art. 45 sec. 3 of The State Enterprise Act I assume the
admissibility of granteeng all the three types of power of attorney by the state
enterprise. In particular it is permissible for the director to grant a general power
of attorney.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 3, s. 155-175