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  1. 1 Przegląd Prawa i Administracji

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  1. 1 2018

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  1. 1 Siwik L.

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Skracanie firm spółek osobowych zawierających firmę spółki będącej wspólnikiem

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Siwik L.
Przegląd Prawa i Administracji
|
2018
|
vol. 112
165-179
EN
Business names of partnerships can be characterized as liberally evolving, despite the fact their fundament shall be determined by legal provisions. These rules of law arise both from the Polish Companies Code and the Polish Civil Code. Interdependence among these rules requires such a formation of any business name which — on the one hand — would comply with objective ratio for placement of the partner’s (company’s) name in the partnership’s business name and would not be misleading on the other hand. That notion should provide for a possible placement of the abbreviated legal person’s (partner’s) name into partnership’s business name. Even if a legal provision requires the partner’s (legal person’s) business name be placed in its full wording, this requirement should be found as a call for placement of the legal person’s name (core name) together with indication at that person’s type (i.e. at abbreviated company’s business form as minimum). The company’s name is not to provide for an entire identification of the shareholder’s (legal person’s) name since that can be stated thanks to registered data. A partnership in terms of its personal substrate is stressed here whereby its business name comprises of data identifying at least its one partner. As the partnership is entered into an abbreviated indication at the company’s (legal person’s) type is the name’s use under provisions of the Polish Companies Code regulating application of abbreviated terms. Moreover, an abbreviated business name should not be more misleading than it would be in a case if the partner’s (legal person’s) entire name coexisted with an abbreviated indication at the partnership’s form of business.
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