CORPORATE DISPUTES IN A PARTNERSHIP ̶ CAPACITY TO SUE AND BE SUED
| Autor: | Robert DANKIEWICZ, Marzena KIDACKA |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2016 |
| Předmět: | |
| Zdroj: | Modern Management Review, Vol XXI, Iss 3 (2016) |
| Druh dokumentu: | article |
| ISSN: | 2300-6366 2353-0758 |
| DOI: | 10.7862/rz.2016.mmr.27 |
| Popis: | This paper presents the procedure for depriving a partner in a personal partnership the right to represent and the right to conduct partnership business. The authors define the concept of conducting the partnership business and representing it, as well as their significance in strengthening their position as a partner. Then we point at two possibilities stipulated by the law, which allow depriving a partner of their right to represent the company and the right to conduct company business. The first one is a relevant provision in the company articles of association, whereas the other one is a valid judgment of a court justified by the existence of significant reasons. Furthermore, we characterize the nature of personal partnerships, especially the fact that such entities do not have the status of a legal person, but only legal capacity. Then we demonstrate the dispute going on in the contemporary debate related to establishing that is entitled to sue and which party is the claiming party in the suit. Finally, the last section of the article presents and compares legal norms concerning the deprivation of a partner of their right to conduct company business and compares legal norms concerning the above used in Polish and German legislature. |
| Databáze: | Directory of Open Access Journals |
| Externí odkaz: |
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