Abstract

The article concerns the issue of the right to represent a general partnership. There is a need for a clear distinction between the scope of representation which must not be restricted in relation to third parties and the manner of representation which may be effectively modified outside of the company relationship. A proposal how to deal with legal transactions effected in violation of the manner of representation has been put forward -- the author suggests that by analogy Art. 103 of the Civil Code be applied to such transactions. The issue of admissibility of mixed representation and inappropriate proxy has also been raised taking into account the possibility of differentiating how they are exercised depending on the value and type of transactions. The problem has been discussed in the context of compliance of the Polish law with the provisions of Directive 2009/101/EC of the European Parliament and of the Council.