Catalogue of Non-Existent Acts in Law in Polish Legal Order

Abstract

This article attempts to present the kinds of non-existent legal actions, which feature in Polish civil law. The considerations focus on normative manifestation of negotia non existens as well as those which were created by the Polish jurisprudence and judicial decisions. The paper includes general issues concerning the possibility of determination of non-existence of a legal act, as well as specific examples. First, an action to establish, regulated by Article 189 of the Code of Civil Procedure, is analyzed. Then, other specific provisions enabling one to recognize the non-existence of certain legal actions, especially non-existent marriage and nonexistent resolutions.