Acquisition and loss of legal personality as a civil event. Cover Image

Nabycie i utrata osobowości prawnej jako zdarzenie cywilnoprawne.
Acquisition and loss of legal personality as a civil event.

Author(s): Przemysław Sobolewski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; legal personality; Civil Code;

Summary/Abstract: The purpose of this article is to show that Article 33 of the Civil Code is not formulated precisely enough, and its literal interpretation may be misleading. It leads to the conclusion that legal persons are those entities which are qualified by the existing legal provisions, and, in the event of the loss of binding force by those provisions, they automatically lose their status of a legal person. Since the Civil Code contains no general provisions relating to liquidation of legal person, the decision of the lawmaker to divest legal personality is too important for transacting parties and should be expressed in a manner leaving no room for doubt or speculation.

  • Issue Year: 2011
  • Issue No: 4
  • Page Range: 43-52
  • Page Count: 9
  • Language: Polish