Kilka uwag o korelacji zdolności procesowej i zdolności postulacyjnej

Abstract

Both procedural capacity and postulatory capacity are among the qualifications necessary to independently perform procedural acts and effectively claim the protection of one's rights.

While the Code of Civil Procedure defines the concept of procedural capacity, it does not contain a statutory definition of postulatory capacity, and even does not use this concept. In view of the similar definitions of procedural and postulatory capacity, there is a dispute in the science of civil procedural law regarding the relationship of the two capacities. The Code of Civil Procedure adopts the supposition that postulatory capacity is granted to all entities with procedural capacity. Thus, a prerequisite for postulatory capacity is the possession of procedural capacity, but without the inverse relationship, which means that one can have procedural capacity without having postulatory capacity.

Despite the similarities in the concepts of the two capacities, there are important differences between them regarding the limitations and exclusions of procedural and postulatory capacity, as well as the consequences of the lack of both. Reasons that exclude postulatory capacity do not limit or exclude procedural capacity.