Glosa do wyroku sądu najwyższego z dnia 23 stycznia 2014 roku II CSK 264/13 zbyt wąska deinicja powiernictwa
Gloss to the judgment of the Supreme Court of January 23rd, 2014 II CSK 264/13. Too narrow definition of trusteeship

Summary/Abstract: The subject of this gloss is the judgment of the Supreme Court dated 23 January 2014, signature II CSK 264/13. The commented ruling raises the issues of trusteeship under Polish law. The author refers to the used by the Supreme Court definition of this legal structure, which in his view is too narrow as the requirements of legal practice. The author as proof of incompetence of the definition proposed by the Supreme Court, compares this interpretation to the achievements of case law and legal doctrine on the subject. In this way, the author points the shortcomings in the definition of trusteeship used by the Supreme Court. In conclusions, the author indicates the threats for legal practice in case that this definition would be binding. Whereas, as to the judgment on the obligation to maintain an appropriate legal form for fiduciary activities, the author shares the position of the Supreme Court.

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