Charakter prawny środków gromadzonych w otwartych funduszach emerytalnych

• Authors: Pelc Paweł

Title variants

EN

Legal Aspects related to Assets of Mandatory Open Pension Funds in Poland

• Languages of publication: PL

Abstracts

EN

As a part of Polish pension reform open pension funds were created as a part of mandatory pension system in late nineties of previous century. However there are still different opinions related to the legal aspects related to ownership of the assets of open pension funds. Sometime those issues are also mixed with private or public statistical classification of open pension funds and their assets as well as contributions to them, even by courts, however those issues shall be treated separately. The author considers legal character of contribution to open pension fund claiming that since there is no regulation which can allow to treat assets of the pension fund as co-ownership of the members of the pension fund, the assets of the pension funds shall, in the lack of such rules be treated only as ownership of the pension fund. Members of the fund only might have claims of obligatory nature to the pension funds, and such claims can be implemented only in cases clearly stipulated clearly by law.

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2013
• Issue: 3 (17)
• Pages: 27-38

Contributors

author

Pelc Paweł