Pozycja wierzyciela przy dochodzeniu roszczeń wobec spółki jawnej od wspólnika i małżonka wspólnika

• Authors: Marciniak Sławomir

Title variants

EN

Position of the creditor partnership in the recovering of claims against the registered general commercial from a partner and a partner's spouse

• Languages of publication: PL

Abstracts

EN

Pursuing claims against a general partnership is regulated by law in a specific manner, taking into consideration peculiar character of this entity. Creditor is able to lead court execution to assets of the general partnership. If that will not result in settling debts, creditor will be able to enforce the partner’s assets. In this case, the situation of the creditor is rather too complicated. There is possibility however, that it will be necessary to try to lead execution to the joint property of partner and his spouse. If such necessity occurs, then the situation of the creditor is much worse. Taking into consideration the last amendments to the applicable legislation, it is obvious that the legislator has changed priorities. Currently he is tending to protect wealth of family much more. The situation of the creditor trying to enforce the joint property of spouses is very hard nowadays.

Keywords

EN

General partnership; partner, partner’s spouse; joint property of spouses; recovery of claims; situation of creditor; liability of partners for debts of general partnership

• Publisher: Europejskie Stowarzyszenie Studentów Prawa ELSA Poland
• Journal: Przegląd Prawniczy Europejskiego Stowarzyszenia Studentów Prawa ELSA Poland
• Year: 2013
• Issue: 1
• Pages: 109-120

Dates

published

2013

Contributors

author

Marciniak Sławomir

• Wydział Prawa i Administracji, Uniwersytet im. Adama Mickiewicza w Poznaniu