„Specjalna zdolność prawna osób prawnych” — relikt PRL czy koncept prawny warty uwagi?

Abstrakt

The study takes a closer look at the concept of the so-called “special capacity of legal persons”, indicating its development (evolution), the views justifying its introduction, the sources stemming from the concept of capitalist states, including the ultra vires doctrine inherent in the common law system. The consequences of the application of this concept and its practical significance, as well as its reception by representatives of the doctrine, are also analysed. The analysis leads to the conclusion that the concept was of a strictly political and ideological nature, and for many authors it provided fodder and a pretext for reflections on the nature of the socialist legal order and the distinctiveness and superiority of the doctrine of socialist economy. Thus, the old capitalist concept, resurrected and modified by the communist state, became a tool of blunt propaganda of the totalitarian state that the People’s Republic of Poland was.