Abstract

Pursuant to Art. 91.4 of the Code of Civil Procedure, a procedural power of attorney includes, by law, the power to grant further (substitute) procedural power of attorney to an advocate or legal counsellor. A substitute attorney shall be deemed to be empowered to act for a party rather than the principal representative who has appointed it. Therefore, in the Supreme Court resolution of 16 June 2023, III CZP 120/22, it was adopted that expiry of a procedural power of attorney granted by a party itself does not result in expiry of a further procedural power of attorney granted on behalf of the party to an advocate or legal counsellor under Article 91.3 of the Code of Civil Procedure.