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Pełnomocnictwo opiekuńcze w systemie prawnym Anglii i Walii

100%
Pielak A.
Kwartalnik Prawa Prywatnego
|
2023
|
vol. 32
|
issue 4
617-653
EN
The article describes the lasting power of attorney in the Anglo-Welsh legal system since 2005 with reference to the derogated enduring power of attorney and the main principles of the Mental Capacity Act 2005. Attention is drawn to various new elements of the legal construction for lasting power of attorney with regard to common law. The elements that provoke disputes in doctrine and jurisprudence (such as the concept of acting in the best interests of the principal) are also discussed. The final section of the article provides an assessment of the regulation.
2

Próba oceny wyników prac Komisji Kodyfikacyjnej Prawa Cywilnego w zakresie pełnomocnictwa opiekuńczego

100%
Pielak A.
Rejent
|
2024
|
issue 9 (401)
38-55
EN
The aim of the paper is to recall and analyse the main principles and specific solutions of the legi-slative draft formed by the „Problem Team for legal capacity of mentally disabled persons”. The Te-am operated within the Commission for the Codification of Civil Law in Poland and the Draft con-cerned the introduction into the Polish legal system of a new institution - equivalent to the German Vorsorgevollmacht or the English Lasting power of attorney. Using the method of critical analysis, enriched with comparative, international and systemic legal components, the author discusses six selected key-issues of the Polish version of the Lasting power of attorney, i.e. the reasons for the incapacity to make decisions, the scope of decisions, the durability of the state of incapacity to ma-ke decisions, the person of the proxy, the moment when the authority arose, and the scope and termination of the authority. Comments made are both approving and pointing to certain risks of adopting some of the solutions.
3
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Osobiste czynności prawne

100%
Pielak A.
Forum Prawnicze
|
2018
|
issue 6 (50)
50–60
EN
The article discusses the issue of personal juridical acts that can not be concluded by an attorney. The work uses, above all, the formal-dogmatic method, as well as comparative and historical-legal method. According to art. 95 § 1 of the Civil Code, the possibility of acting through a proxy is subject to restrictions due to the act and the nature of legal transaction. The restrictions mentioned seem incomplete – they lack the inability to act through a proxy due to another legal act. In the author’s opinion, the nature of the legal transaction should be identi- fied with non-property legal transaction. The article categorized the divisions of personal legal transactions into personal primary and personal secondary as well as personal formally and materially.
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