Skutki prawne niewłaściwego określenia granic podmiotowych powództwa i możliwości konwalidacji (zagadnienia praktyczne)

Abstract

The article is devoted to the issue of the legal consequences of incorrectly defining the subjective limits of the claim and the possibility of validation, which is not uniformly understood in the doctrine. In science, there are views presented indicating the procedural or substantive nature of procedural legitimacy. Therefore, depending on the adopted concept, there will be clear differences not only in the decision issued by the court, but also in the way the court operates. In order to present the effects of the lack of procedural legitimacy, the author discussed the dichotomous division of procedural legitimacy, referring to examples of procedural legitimacy of entities that are not parties of the substantive legal relationship, examined the lack of procedural legitimacy, and also presented the possibilities of validating the lack of procedural legitimacy.