Gloss to the ruling of the Supreme Court of 23 June 2020, V CSK 522/18

Abstract

The author agrees with the concept of the abuse of the power of attorney which the Supreme Court approved in the commented judgment. He presents and analyses numerous situations of such an abuse that appear in practice. At present, the institution of the power of attorney may be used not only in a way it has been originally created for by the legislator. It is also possible to grant the power of attorney to achieve different goals, e.g. to establish legal security on a loan. Another useful idea is a so-called irrevocable power of attorney. However, in situations as such there is a risk that a proxy may use its powers in an inappropriate manner. The author also analyzes the effects of the abuse of the authority, including the ability to defend against such effects on the part of the principal.