Charakter prawny umowy z otwartym funduszem emerytalnym
Legal nature of the agreement with the open pension fund

Summary/Abstract: The aim of this article is to analyse the legal nature of the agreement with the open pension fund (OFE), which is the basic form of establishing insured party's membership relationship in OFE. The arguments formulated by the doctrine have been presented, both in favour of its public and private law nature. The detailed theoretical and legal analysis also concerns possible application of the principle of freedom of contract to the institution in question. These considerations may be a starting point for discussions about the legal nature of funds collected in OFE. The significance of questions about the agreement with OFE grows because of the court disputes which arise in connection with membership in OFE and pay- ment of first capital pensions.

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