Braki w składzie organów strony w sądowym postępowaniu egzekucyjnym

Similarly to examination proceedings, also in enforcement proceedings legal persons and other organizational units cannot act directly, but rather through their bodies, or possibly, in the case of certain organizational units with legal capacity in accordance with Article 33(1) § 1 of the Civil Code, through persons authorized to act on their behalf. The effects of deficiencies in the composition of the debtor’s body are regulated autonomously in Article 818(1) of the Code of Civil Proceedings. In the case of deficiencies in the composition of the creditor’s bodies, it is necessary to apply by analogy Article 818 of the Code of Civil Proceedings, which regulates the effects of lack of procedural capacity.