KURATOR PROCESOWY DLA DŁUŻNIKA NIEZNANEGO Z MIEJSCA POBYTU

The following article is devoted to the analysis of selected issues referring to the institution of a representative for an absent debtor. The study includes an overview of a number of requirements that must be fulfilled for a representative to be validly appointed, especially the concept of a place of residence and its unawareness with regard to a debtor, the need to defend the rights of a debtor of unknown residence and its source, i.e. the necessity to serve a procedural writ, substantiation of the fact that the place of residence of a debtor is not known, or the condition of an obligatory public announcement of the appointment of a representative. The analysis also concerns the basic duty of a representative appointed for an absent debtor, i.e. the obligation to undertake the burden of defending the rights of a represented person. Analysis of the duty incumbent upon a representative has not been reduced only to discuss the actions that have been found to fill the burden of defending the rights of the absent debtor, but it also includes remarks referring to the responsibility for possible damage caused as a result of non-performance or improper performance of the discussed obligation.