Datio in solutum w procesie likwidacji funduszu inwestycyjnego zamkniętego
Datio in solutum institution in the process of liquidation of a closed-end investment fund

Author(s): Maurycy Ostaszewski
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: closed-end investment fund; liquidation; datio in solutum; limits of freedom of contract; interest of investment fund participant; equal treatment
Summary/Abstract: The article concerns the admissibility of applying the datio in solutum institution in the process of liquidation of a closed-end investment fund. The author presents the legal nature of this institution, and then reconstructs the limit of freedom of contract with respect to contracts for giving in payment, interpreting the relevant provisions of the Act on Investment Funds and Management of Alternative Investment Funds. In the end, the author discusses the impact of the directive to act in accordance with the interests of investment fund participants and the principle of their equal treatment on the potential limitation of freedom of contract between the fund participant and the liquidator.

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