Defective Denomination of an Entrepreneur in an Action: an Irremovable Lack of Procedural Condition or a Removable Defect in the Action?

Abstract

The article introduces to the reader two possible ways of solving a false identification of an entrepreneur in an action in terms of procedural law. At the same time, he draws attention to the opinions that are referred to in section 17 of the current Civil Code in this context.

The authors conclude that the importance of section 17 of the Civil Code for the procedural solution of this situation cannot be overestimated.

Keywords

• entrepreneur
• action
• identification
• defect