Monitor Prawniczy

no. 15/2017

Special capacity to be a party in court proceedings under noncode provisions

Marcin Dziurda
Autor jest członkiem Biura Studiów i Analiz Sądu Najwyższego
Abstract

Pursuant to Art. 64 of the Polish Code of Civil Procedure natural and legal persons and organizational units other than legal persons whose legal capacity has been granted by statute, also have capacity to be a party in court proceedings.

However, noncode provisions grant, in addition, special capacity to be a party in court proceedings to specified authorities which perform executive power in public interest. Special capacity to be a party in court proceedings may also follow from provisions of a different type, such as Art. 39.1 of the Press Law concerning action for publication of a disclaimer.