Change of the Contents of Articles and Appointment of the Heir at the Same Time in the Case of Sole Partner in the Professional Partnership Cover Image

Zmiana umowy spółki z jednoczesnym powołaniem spadkobiercy w testamencie w przypadku jednoosobowej spółki partnerskiej
Change of the Contents of Articles and Appointment of the Heir at the Same Time in the Case of Sole Partner in the Professional Partnership

Author(s): Marek Stolorz
Subject(s): Economy, Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: inheritance of professional partnership; the only partner; the last will; change of professional partnership’s;

Summary/Abstract: The article is about the situation in which the only partner in professional partnership remains after the death or the loss of professional qualifications by others, desires that the partnership would still exist. The obstacle is the previously written partnership’s Contents of Articles which does not provide the regulation allowing heirs to subrogate. Therefore, the partner decides to change the Contents of Articles doing it in the last will. This creates a question about the effectiveness of such act and its potential legal consequences. Reflections made in the article allow us to say that this kind of act is permitted, however it causes a number of complications with which the heir would have to face. The article tries to describe them and find the optimal solution.

  • Issue Year: 21/2018
  • Issue No: 38
  • Page Range: 87-98
  • Page Count: 12
  • Language: Polish