Abstract

The glosser analyses the theses arising from the Supreme Court resolution of 12 December 2012, ref. no. III CZP 83/12. In that resolution the Supreme Court assumed, incorrectly in Authoress’ opinion, that a partner filing actio pro socio is not only entitled to appear before court, but also to assert claims of a limited liability company. Moreover, the judgement includes the analysis of procedural consequences of the loss of legal existence by the company being the beneficiary of action and the suing partner, as well as a discussion of the impact of company’s bankruptcy on the course of judicial proceedings initiated by a partner by bringing actio pro socio. The commented judgement is the first one in which the Supreme Court so comprehensively analysed the procedural aspects of a subsidiary action brought by a partner of a limited liability company.