Power of attorney - Lawyer in Poland
Types of powers of attorney in Poland.
A general power of attorney confers authorization for all acts of ordinary management. Acts which are beyond the scope of ordinary management require a power of attorney specifying their type unless the law requires a power of attorney for a particular act.
Form of powers of attorney in Poland.If a specific form is required for a legal act to be valid, the power of attorney to perform that act should be given in the same form.§ 2. A general power of attorney should be made in writing; otherwise it will be invalid.
Capacity of attorney-in-fact in Poland.The circumstance of an attorney-in-fact being limited in his capacity for legal acts does not affect the validity of an act performed by him on the principal's behalf.
Revocation; death in case of attorney in Poland.A power of attorney may be revoked at any time unless the principal waived his right to revoke the power of attorney for reasons justified by the substance of the legal relationship which is the basis for the power of attorney. The authorization expires upon the principal's or attorney's death unless the power of attorney provides otherwise for reasons justified by the substance of the legal relationship which is the basis for the power of attorney.
Return of document in case of attorney in Poland.After the authorization expires, the attorney-in-fact is obliged to return the power of attorney document to the principal. He may demand a certified copy of that document; expiry of the authorization should be indicated on the copy.
Contracts by alleged attorney-in-fact in case of attorney-in-fact in Poland.If a person executing a contract as an attorney-in-fact has no authorization or exceeds its scope, the validity of the contract depends on it being ratified by the person on behalf of whom it was executed. The other party may set the person on behalf of whom the contract was executed an appropriate period in which to ratify the contract; he is released when that period passes to no effect. In the absence of ratification, a person who executes a contract on another person's behalf is obliged to return anything he has received from the other party in performance of the contract and to remedy any damage which the other party has suffered due to the fact that it executed a contract without knowing that there was no authorization or that its scope had been exceeded.
Unilateral act of alleged attorney-in-fact.A unilateral legal act performed on another person's behalf without authorization or by exceeding its scope is invalid. If, however, a person to whom a declaration of intent is made on another person's behalf agrees to the act being performed without authorization, the provisions on executing a contract without authorization apply accordingly.
Original authorization in case of attorney-in-fact in Poland.If, after expiry of his authorization, an attorney-in-fact performs a legal act on the principal's behalf within the scope of the original authorization, the legal act is valid unless the other party knew or could easily have learned about the expiry of the authorization.Art. 106. Attorneys-in-fact in substitution. An attorney-in-fact may appoint other attorneys-in-fact for the principal only if such authorization follows from the wording of the power of attorney, the law or the legal relationship which is the basis for the power of attorney.
Equal authorization in case of attorney-in-fact in Poland.If the principal appoints several attorneys-in-fact with the same scope of authorization, each of them may act individually unless the power of attorney provides otherwise. This provisionapplies accordingly to attorneys-in-fact whom the attorney-in-fact himself appoints for the principal.
Ban on self-dealing in case of attorney-in-fact in Poland.An attorney-in-fact cannot be the other party to a legal act performed on the principal's behalf unless the power of attorney provides otherwise or, owing to the nature of the legal act, any possibility of the principal's interest being violated is excluded. This provision applies accordingly if the attorney-infact represents both parties.
Authorization to receive a declaration in case of attorney-in-fact in Poland.The provisions of this section apply accordingly if a declaration of intent is to be made to a representative.