Status prawny prokurenta – analiza w odniesieniu do działalności w ramach prokury oraz reprezentacji mieszanej spółek

Abstract

The subject of the article is the analysis of the status of the commercial proxy and his authority under the provisions of The Civil Code and The Commercial Companies Code. For this purpose not only the analysis of the law was made, but also the review of jurisprudence and legal literature was conducted. In this article particular attention is being paid to the dual role of the commercial proxy. Thus, an attempt is made to estimate whether the scopes of authority of the commercial proxy on the one hand acting on the basis of the commercial representation under The Civil Code and on the other hand within mixed representation of companies under The Commercial Companies Code are identical or differ from each other. There is no doubt that the commercial proxy acting within mixed representation of companies beside the member of the board does not become the member of the board of the commercial company.