Abstract

The article analyses two possible concepts referring to the representation of a general partnership. According to the first one, a partnership is represented by partners as its statutory representatives; according to the second one, a partnership is represented by partners acting as its governing bodies. The consequence of the former would be the recognition that a partnership does not have legal capacity if its partners act on its behalf fulfilling their personal legal capacity. However, this consequence seems to be unacceptable. Therefore, I think that we should – giving up the traditional concept of representation – support the latter approach, according to which the partners of a general partnership are its governing bodies.