Ciężar dokonywania doręczeń bezpośrednich na podstawie art. 132 § 1 k.p.c. a rola procesowa adwokata, radcy prawnego i rzecznika patentowego

Abstract

Considering the subjective scope of autonomous service, the author comes to the conclusion that de lege lata the procedural burdens indicated in the first and second sentences of Article 132 § 1 of the Civil Procedure Code rest on advocates, legal advisors and patent attorneys acting in procedural roles that are a manifestation of the exercise of the profession (including attorneys-at-law, guardians of proceedings, curators of substantive law appointed in connection with the exercise of the profession). With regard to the third sentence of Article 132 §1 of the Civil Procedure Code, the author points to the need for the courts to carry out a dispersed review of constitutionality, which ad casum may lead to its non-application, in particular if the return of a letter a limine would result in a violation of the right to be heard. De lege ferenda, the author postulates i.a. abandoning the sanction of returning a limine provided for in the third sentence of Article 132 § 1 of the Civil Procedure Code and allowing for the removal of any irregularities (both with respect to direct service and with respect to the submission of an appropriate statement in this regard).