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

100%
Marciniak S.
Przegląd Prawniczy Europejskiego Stowarzyszenia Studentów Prawa ELSA Poland
|
2013
|
issue 1
109-120
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.
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