Abstract

The commentary concerns the judgement of the Supreme Court of 8 February 2013 (IV CSK 332/12), which refers to the key issues of representation of a general partnership and problems relating thereto. The conclusions of that judgement deserve approval, in particular that each partner may bring in action on behalf of a general partnership, and their right to represent the partnership is independent of their competences in running its business, and also that although there is no explicit statutory prohibition, a partner in a general partnership should not effectively represent the partnership in a situation of a conflict of interests, i.e. a dispute in court of the partnership with that partner.