Abstract

The article concerns the issue which is important for the judicial practice, i.e. remuneration of the guardian appointed by the court for a legal entity under Art. 42 of the Civil Code, which has become problematic in the recent jurisdiction of registration courts. Art. 42 of the Civil Code provides that if a legal entity is unable to conduct its business because of the lack of competent bodies, the court shall appoint a guardian. In the commented judgment, the court appointed a guardian for a limited liability company and ruled that the company should pay his remuneration. The guardian challenged that judgement on the grounds that the company was unable to cover the costs of his activities. The court of second instance submitted a following legal query to the Supreme Court” “Is the remuneration for a guardian of a legal entity appointed by court under Art. 42 of the Civil Code is – in the situation whereby that entity has no assets or income – covered from public funds pursuant to Art. 597 § 1 in conjunction with Art. 605 of the Code of Civil Procedure, and if so, who shall pay that remuneration?” In its resolution of 13 March 2015, the Supreme Court found that in the situation of the absence of assets or income of a legal entity remuneration for its guardian appointed by court under Art. 42 of the Civil Code is covered by the State Treasury – the registration court.