Ochrona wierzycieli spółki z o.o. poprzez konstrukcję faktycznego członka zarządu
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PROTECTION OF CREDITORS OF LIMITED LIABILITY COMPANY THROUGH THE CONSTRUCTION OF DE FACTO DIRECTOR
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The article provides an analysis of admissibility and functionality of the construction of de facto director in Polish company law as a measure of protection of creditors of limited liability company. De lege lata this construction can be useful as a basis of the liability of company members against their own company. De lege ferenda the liability of company members should be extended and company creditors should have a possibility — but only in particular cases — of asserting their claims directly against company members.
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