Obligations of a Professional Representative in Light of the Amendment to the Civil Procedure Code of 10 July 2015 Cover Image

Obowiązki profesjonalnego pełnomocnika w świetle nowelizacji Kodeksu postępowania cywilnego z dnia 10 lipca 2015 r.
Obligations of a Professional Representative in Light of the Amendment to the Civil Procedure Code of 10 July 2015

Author(s): Magdalena Wasylkowska-Michór
Subject(s): Constitutional Law, Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: Pleading; the ICT system; delivery; professional representative; power of attorney

Summary/Abstract: On July 10, 2015, lawmakers passed the Act Amending the Civil Code, Civil Procedure Code, and Certain Other Acts, which went into effect on September 8, 2016. The above-mentioned amendment imposes new obligations on professional representatives, mainly in the area of granting the power and authority to appear before courts, as well as filing and serving pleadings. Firstly, the article focuses on the issue of power of attorney granted to handle a case, in particular the distinction between power of attorney and authorization, the stamp duty on powers of attorney, and the granting of substitute powers of attorney. Subsequently, the article discusses the choice of method for filing pleadings, i.e. by using the ICT system or a traditional manner, as well as withdrawal from the choice of the ICT system. The author further presents the technical aspects of filing a pleading via the ICT system, including the pleading’s introduction into this system, the signing of pleading, and the payment of stamp duty, etc. The third and final part of the article concerns serving pleadings, namely the terms of electronic service and service between legal professionals.

  • Issue Year: 2017
  • Issue No: 4
  • Page Range: 75-100
  • Page Count: 26
  • Language: Polish