Abstract

The succession manager is obliged to run the undertaking included in the estate after the death of the entrepreneur. He assumes the performance of rights and duties which arise from the business operations so far conducted by the late entrepreneur. From the viewpoint of ensuring continuity of business operations it is necessary to solve the problem of the succession of agreement, i.e. to determine the terms under which the contractual relations established with respect to business operations of the undertaking during the lifetime of the entrepreneur are continued after his death. It is only when the succession management is appointed upon the death of the entrepreneur continuation of the agreements connected with the conducted business operations. The rights and duties under the agreement which will pass to legal successors shall be performed by the succession manager. With respect to the validity of agreements in case no succession management has been appointed upon the death of the entrepreneur the possibility of their confirmation by the succession manager was adopted.

The legislator introduced a category of decisions connected with the undertaking and established prerequisites the fulfilment of which determines continuation of business operations. In this respect, the legislator allowed for the decisions connected with the undertaking to be performed by the succession manager, passed on to the owner of the undertaking being part of the estate (as well as a partner in a partnership), and for business operations entered in the regulated business register or another register to be continued. The condition for continuing business operations under the decisions connected with the undertaking is the fulfilment of all conditions and requirement necessary to obtain a relevant administrative decision.