Results found: 1

Search results

Search:
in the keywords: śmierć wszystkich wspólników

Sort By:

Limit search:

Skutki śmierci wszystkich wspólników spółki jawnej w spółce przewidującej wstąpienie do niej spadkobierców

100%

Adamus R.

Rejent

2021

issue 10 (366)

11-21

Pursuant to Art. 58 § 1 point 4 of the Code of Commercial Companies dissolution of a general partnership results in the death of the partner of the general partnership. The dissolution of a general partnership starts the process of its liquidation, unless the partners agree on a different method of terminating its activity. The provision of art. 58 § 1 point 4 of the Code of Commercial Companies however, it is a dispositive legal norm, which means that the articles of association of a general partnership may stipulate that the death of a partner is not a basis for its termination. With the death of all partners, the general partnership undoubtedly becomes a kind of real hybrid. The representation of a general partnership is an attribute of its partners and the management of the partnership's affairs cannot be entrusted to third parties, with the exception of partners. However, in a general partnership, the contract of which provides for the possibility of the partner's heirs joining the partnership, operational inertia is only a temporary state. The death of all partners does not result in the dissolution of the general partnership, and thus the general partnership's entry into liquidation. Upon the opening of the inheritance, the “partnership share” is acquired by the heirs (statutory, will) of the deceased partners. The entry of the heirs of deceased partners as new partners into the court register is of a declaratory nature

Refine search results

1 Rejent

1 Adamus R.

1 2021

Search results

Skutki śmierci wszystkich wspólników spółki jawnej w spółce przewidującej wstąpienie do niej spadkobierców