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  1. 2 Studia Prawnicze

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  1. 2 Mucha-Kujawa J.

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  1. 1 2013

  2. 1 2012

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Theoretical and legal aspects of the representation of private entities

100%
Mucha-Kujawa J.
Studia Prawnicze
|
2013
|
issue 4 (196)
55-89
EN
The institution of representation is of enormous theoretical and practical significance for contemporary legal sphere: it facilitates and accelerates legally binding activities, enabling participation of persons who, for various reasons, cannot validly undertake legal acts themselves. In the continental Europe, the construction of representation originates from the Roman law, which inspired the German law (Stellvertretung), which in turn considerably influenced contemporary legal systems in various countries, including the Polish law. Comparison of the construction of representation in the Polish law with the objectives, tasks and functions of representation in the German law will demonstrate characteristic features of the Polish legal regulation and influence of the German law thereupon. In addition, it will demonstrate that the German construction of representation is based on Zurechnung mechanism, while the Polish construction refers to legal fiction.
2

The evolution of the legal regulation of the State Treasury Solicitor's Office in Poland against the Austrian solutions

100%
Mucha-Kujawa J.
Studia Prawnicze
|
2012
|
issue 4 (192)
29-47
EN
The structure of institutions, representing and defending state property in the course of civil law is important theoretical and practical, because it substantially determines the role of property in society and its impact on the functioning of the state in the economic sphere. The purpose of this article is to present the legal structure of State Treasury Solicitors’ Office, in Poland against the solutions adopted in Austrian law, which first introduced the institution of Financial Prosecutor, to protect the financial interests of the state. By comparing the structure of the State Treasury Solicitors’ Office with the objectives, tasks and functions of the Prosecutor Financial in Austria will be highlighted key features of the current institution in Poland. In comparison with the Austrian and Polish pre-war construction of the State Treasury Solicitors’ Office, the present institution is its narrow form. It only protects the rights and interests of the narrow sense (meaning) of the State Treasury, because due to subjective and objective limitations (e.g. it does not include inventoried state property or features that should meet to represent the interests of the state / advice, opinions, etc. /) defends the small part of rights and interests of the state.
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