CHARAKTER PRAWNY UDZIELENIA PROKURY

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Date

2005

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Wydział Prawa i Administracji UAM

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LEGAL NATURE OF ESTABLISHING A PROXY

Abstract

The aim of the paper is an attempt to determine the legal nature of establishing a proxy, or giving a power of attorney, and in particular to identify the recipient of the power of attorney granted by way of a statement of will of the person establishing a proxy. Further, the role of a proxy in the creation of an effective power of attorney is analyzed. Issues such as the form, contents, legal effects of a power of attorney granted, or its active or passive legitimization are not discussed. In the author's opinion, the granting of a power of attorney is a one-sided legal act the effects of which exist independently of the internal relations between the person establishing a proxy and the person to whom a power of attorney is given. A statement of will of the person establishing a proxy is made in favour of the person receiving the power of attorney of which he is only recipient. Accepting the granted power of attorney is an intrinsic element of the proxy being established and effective. Such an acceptance consists in an inclusion in the statement of will of the person establishing a proxy of the consent of the recipient of the proxy to receive the power of attorney so given. Such a statement, however, does not need to be specifically addressed and submitted, and may take a form the proxy so established commencing to exercise the granted powers of attorney.

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Ruch Prawniczy, Ekonomiczny i Socjologiczny 67, 2005, z. 2, s. 83-100.

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Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego