INSTITUTION OF SUBSTITUTE CONTRACTING FOR THE IMPLEMENTATION OF THE INVESTMENT AGREEMENT Cover Image

INSTYTUCJA WYKONAWSTWA ZASTĘPCZEGO PRZY REALIZACJI UMOWY INWESTYCYJNEJ
INSTITUTION OF SUBSTITUTE CONTRACTING FOR THE IMPLEMENTATION OF THE INVESTMENT AGREEMENT

Author(s): Karolina Muzyczka, Cezary Małozięć
Subject(s): Law on Economics
Published by: Międzynarodowy Instytut Innowacji "Nauka - Edukacja - Rozwój"
Keywords: direct investor; substitute investor; investment replacement agreement; legal responsibility of substitute investor

Summary/Abstract: The purpose of this article is to answer the question, what role does the substitute investor playin the investment and construction process? Has the investment replacement agreement beenregulated by specific provisions, the parties? To which I would like to answer in this article.There is no uniform legal structure of the institution of investment representation in Polishlegislation, therefore this institution has not found its legal definition and is used in various legalregulations. The investment replacement agreement is not regulated by specific regulations.Therefore, the parties are free to shape its content. When concluding such contracts, theprovisions of the Civil Code regarding the order shall apply (Article 734-751 of the Civil Code).In practice, we meet two types of investment replacement contracts. The first of these is calleda trust deed, the second a proxy or representative agreement. The choice needs to be thought out,and if we decide on a fiduciary agreement, it should be carefully developed, because it ischaracterized by high independence of the substitute investor.

  • Issue Year: 6/2019
  • Issue No: 2
  • Page Range: 417-438
  • Page Count: 22
  • Language: English, Polish
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