THE CONSEQUENCES OF LEGAL ACTS PERFORMED BY PERSONS ACTING ON BEHALF OF A LEGAL ENTITY AS ITS ORGANS WITHOUT AUTHORITY OR BEYOND THE ACTUAL SCOPE OF AUTHORITY (Polish title - below)

• Authors: Niewierko Grzegorz
• Languages of publication: PL

Abstracts

EN

(Title in Polish - 'Sankcja dokonania czynnosci prawnej bez umocowania lub z przekroczeniem zakresu umocowania przez osoby występujace w charakterze organu osoby prawnej'). The subject matter of the article is to answer the question: what are the legal consequences of an act performed by persons acting on behalf of a legal entity as its organ when these persons go beyond the actual scope of authority they have? This issue is addressed in some statutes which concerns specific type of legal persons. However, there is no general regulation in the Polish Civil Code, as opposed to the consequences of an act performed by the agent acting without authority or beyond the actual scope of authority. Art. 39 of the Polish Civil Code specifies only who is liable for the loss which results from such kind of an act. It does not deal with the question of validity of that act. In the article different solutions suggested in the legal literature are analyzed. The author shares the opinion that such an act may be validated by ratification. These considerations are preceded by the presentation of the concepts of the legal entity and explanation of the way in which legal acts, performed by persons acting as organs, are ascribed to legal entity.

Keywords

EN

AGENCY; LEGAL ENTITY; ORGAN

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Polska Akademia Umiejętności
• Journal: Kwartalnik Prawa Prywatnego
• Year: 2010
• Volume: 19
• Issue: 3
• Pages: 631-604
• Document type: ARTICLE

Contributors

author

Niewierko Grzegorz

• Grzegorz Niewierko, ul. Brzozy 31, 43-100 Tychy, Poland

Identifiers

CEJSH db identifier

10PLAAAA086830