Dokumenty potwierdzające reprezentację kościelnej osoby prawnej w postępowaniu sądowym. Glosa do postanowienia Sądu Najwyższego z dnia 20 lipca 2021 roku (II CSK 383/20)
Documents confirming the representation of a church legal entity in legal proceedings: A gloss to the Supreme Court decision of 20 July 2021 (II CSK 383/20)

Summary/Abstract: This commentary provides an approving analysis of the Polish Supreme Court decision of 20 July 2021 issued in case II CSK 383/20. This decision pertained to a certificate issued by a public administrative body as a substitute for the proper documents demonstrating the correctness of representation of a party (a church legal entity) in court proceedings. The Supreme Court decided to return the cassation complaint, along with the case file, to the court of second instance with an instruction to regard the lack of a response to the cassation complaint consisting in the failure to demonstrate the power of the superior of the religious house to represent the defendant religious house. The Supreme Court expressed doubt about both the validity of the certificate issued by the provincial governor and the actual representation of the church legal entity by the indicated authority. Therefore, the Court questioned whether it had been adequately documented that power of attorney as a professional representative had been granted by the person authorised to represent the defendant.

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