Abstract

Before 1 July 2023, in accordance with the Supreme Court resolution SN(7) of 5 June 2008, III CZP 142/07, it was assumed that the power of attorney ad litem does not cover, by virtue of law, an authorisation to lodge a cassation complaint and participate in cassation proceedings. From the changes introduced to Art. 91(1) of the Code of Civil Procedure it follows that the power of attorney ad litem does cover, by virtue of law, an authorisation to lodge a cassation complaint and participate in the thus initiated proceedings. This is invoked in amended Art. 118 § 2 of the Code of Civil Procedure, which provides that an advocate or legal counsellor appointed by the court is obliged to represent the party to the extent described in Art. 91 of the Code of Civil Procedure, unless the court orders that the obligation to replace the party has ceased earlier. In connection with the above changes, there have been doubts whether, as of 1July 2023, the powers of attorney ad litem that had been produced earlier, as well as the obligations of court appointed attorneys, were automatically extended to filing cassation complaints and participating in the thus initiated proceedings. The article provides arguments for a negative response.