Entrance of Heirs of the Deceased Partner into a Civil-law Partnership
Journal Title: TEKA Komisji Prawniczej Oddział PAN w Lublinie - Year 2017, Vol 0, Issue
Abstract
The first sentence of Article 872 of the Polish Civil Code concerns entrance of the deceased partner’s heirs into a civil-law partnership. It has numerous interpretative doubts which concerns the nature of joining a civil-law partnership by the deceased partner’s heir. There are two competitive proposals devising in German law which can be potentially applied under Polish law on account of their similarity between Polish and German regulations. According to the first one, entrance of the deceased partner’s heir into a partnership takes place on the basis of an agreement between those who live, that is contractual stipulation to a third party. According to the second one, the basis of joining a partnership by the deceased partner’s heir is company’s share inheritance. In the article advantages and disadvantages of both concepts have been assessed, as well as a new proposal in that regard has been formulated.
Authors and Affiliations
Piotr Zakrzewski
Keywords
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- EP ID EP450350
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