Abstract

The glossed judgment concerns a highly practical problem of what happens to the contributions to the increased share capital if the increase fails. The Supreme Court took the position that in such situation the contribution by law “returns” to a partner. This position cannot be shared. Such situation should be considered basing on the provisions of the Civil Code concerning undue benefits. As a consequence it should be deemed that failure to increase share capital gives rise to company’s liability to return the contribution.

Key words: increase of capital, contribution in kind, undue benefit

Słowa kluczowe: podwyższenie kapitału; aport; świadczenie nienależne