Monitor Prawniczy

no. 8/2018

Legal position of the guardian appointed for a legal person under Art. 42 of the Civil Code – after the amendments introduced by the Act of 26 January 2018

Łukasz Zamojski
Autor jest Sędzią Sądu Rejonowego w Gliwicach.
Abstract

The author discusses substantive and procedural issues connected with the amendment of the provisions on guardians appointed for legal persons under Art. 42 of the Civil Code, in particular describing in detail the extension of the guardian’s authority. The author also noted that there is no explicit regulation of the guardian’s liability for damages. The author has paid special attention to the issue of the authorisation granted by the registration court which is required for certain types of the guardian’s actions. The article also discusses changes relating to the new method of covering the guardian’s remuneration, including the possibility to request this remuneration to be paid by the persons responsible for non-appointment of representation for a legal person.