Monitor Prawniczy

no. 14/2014

Principles of activity and (civil and criminal) liability of members of a shareholding company executive body – Part I

Stanisław Gurgul
Autor jest sędzią Sądu Apelacyjnego w Poznaniu w stanie spoczynku.
Abstract

This article discusses the principles of activity and (civil and criminal) liability of members of a shareholding company executive body. The first part outlines the facts of the case which underlie the legal analysis of the issue. The institution of suretyship has been presented – its origins and nature, accessoriness, the nature of surety’s liability, premises for suretyship validity and general evaluation of this institution. Further on, the article discusses fiduciary conveyance and transfer of claims. Then the author discusses the institution and principles of offsetting under the “liquidation” and “arrangement” bankruptcy.