POZBAWIENIE WSPÓLNIKA SPÓŁKI JAWNEJ PRAWA REPREZENTACJI SPÓŁKI ORAZ PROWADZENIA JEJ SPRAW NA DRODZE SĄDOWEJ – ZAGADNIENIA WYBRANE
DEPRIVATION OF A GENERAL PARTNERSHIP PARTNER’S RIGHT TO REPRESENT THE PARTNERSHIP AND TO MANAGE ITS AFFAIRS BY WAY OF LEGAL PROCEEDINGS: SELECTED ISSUES

Summary/Abstract: Issues related to depriving a partner of a general partnership of the right to represent the part- nership and conduct its affairs by way of legal proceedings raise many doubts in the literature. The purpose of this article is to attempt to resolve these doubts and to indicate the proper way of interpreting Articles 30 § 2 and 47 of the Polish Commercial Companies Code. The possibility to bring an action before a court based on the indicated provisions has been recognized as a corpo- rate right vested in every partner. The exercise of this right aims at shaping the legal relationship between partners. Since a judgment in this type of case affects all partners, all of them should be parties to the court proceedings. On the other hand, the partnership itself is not entitled to bring an action under Articles 30 § 2 and 47 of the Polish Commercial Companies Code, as the partnership cannot shape its organizational structure on its own.A case triggered by bringing an action under Articles 30 § 2 and 47 of the Polish Commercial Companies Code is a property (and not a non-property) case within the meaning of Article 17 of the Code of Civil Procedure. A partner exercising the right under Articles 30 § 2 and 47 § 2 of the Polish Commercial Companies Code may claim not only the deprivation of another partner’s rights to represent the company or to conduct its affairs but also the limitation of these rights.

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