Przedstawicielstwo ustawowe jako forma ochrony interesów osób małoletnich w postępowaniu cywilnym

Abstract

Statutory representation is one of the institutionalized forms of party representation in civil proceeding. In addition, this institution is important from the point of view of children's rights protection due to the fact that it allows their parents, guardians or curators to take procedural actions on their behalf. The aim of this article is to present statutory representation as one of the forms of minors’ interests protection in civil proceeding. For this purpose it uses the law-dogmatic method to analyse the regulations contained in the Law of November 17, 1964. - Code of Civil Procedure, the Law of April 23, 1964. - Civil Code and the Law of February 25, 1964. - Family and Guardianship Code. The article shows the judicial and procedural capacity of a minor, the subject and object scope of statutory representation, as well as the most significant actions that a statutory representative can take to protect minor’s interests in civil proceedings.