Ochrona oznaczenia przedsiębiorców działających w formie spółki cywilnej
Protection of the designation of entrepreneurs operating in the form of a civil partnership

Summary/Abstract: This article considers the impact of the designation of entrepreneurs doing business in the form of a civil partnership on the possibility of claiming protection of the name of the partnership under the Civil Code. This problem seems worth exploring as the issue of the protection offered by the designation of a civil partnership is so far unresolved on legislative and jurisprudential grounds. The authors use the dogmatic method, ana lysing judgments, articles, monographs and commentaries related to this issue. The first section is devoted to characterizing the concepts of name and company in the context of their divergence and possible correlation. The second describes how the protection of the name of a civil partnership was asserted before the 2003 amendment to the Civil Code. The third contains the views of doctrine and case law in relation to the construction of business designations, in light of the current state of the law. The final section compares the Polish legal system with the German system in terms of civil partnership identification.

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