Monitor Prawniczy
no. 5/2023
A gap in the legal situation of heirs joining a general partnerhsip
Autor jest doktorantem w Szkole Doktorskiej Nauk Społecznych UJ, asystentem w Katedrze Prawa Cywilnego Wydziału Prawa i Administracji UJ.
Abstract
The article presents a systemic view of the problem of the death of a partner in a partnership, with particular emphasis on general partnership. A comparative analysis of the European legal systems (Austrian, French, German and Swiss) is followed by a reference to the Polish legal system. The regulation of Art. 583 of the Commercial Companies Code, the construction of which differs from European solutions, has been included as the main subject of consideration. This state of affairs is evaluated negatively. A functional comparison shows that the invoked regulation creates gap in the system of succession in partnerships.