Defects in the Undertaking as an Object of Legal Transaction
Defects in the Undertaking as an Object of Legal Transaction

Summary/Abstract: The article is of a scientific and research nature and contains the results of a research project conducted within the area of Polish civil law and commercial law. The aim of the research is to define the concept of “defect of the undertaking” subject to a legal transaction and to identify the relationship between the defect of the undertaking and the defects of its individual assets. It is not only of a theoretical but also practical significance to carry out an analysis of this issue, given the possibility of making an undertaking an independent object of legal transactions. An important issue is a distinction between a defect of the undertaking as an object of legal transaction, a defect in the right to the undertaking or rights to individual assets thereof. The main thesis boils down to the statement that the defect of the undertaking is a specific construct, different from the defect of its individual assets and independent of their defects. It can exist in a situation where no asset is affected by such a defect. The purpose of the research is to build the concept of “defect of the undertaking” and to demonstrate the relationship between such concept and the characteristics which make up its essence in terms of organisation, purpose and functionality, taking into account the type of the legal transaction concerned. The purpose of these deliberations is also to examine the possibility of classification of defects of the undertaking under provisions defining the incompatibility with the contract of the legal good covered by the transaction. The research is complemented by a list of types of liability for defects of the undertaking and rights correlated with this liability.

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