Glosa do wyroku Sądu Apelacyjnego w Łodzi z dnia 25 kwietnia 2018 r., I AGa 109/18

Abstract

Gloss to the judgment of the Court of Appeal in Łódź of April 25, 2018, case file no. I AGa 109/18 The aim of the study is to analyze and evaluate the judgment of the Court of Appeal in Łódź of April 25, 2018, case file no. I AGa 109/18. In that judgement, it is stated that, in the event of an action for the right to take over the assets of a general partnership being brought against a partner on whose part there was no reason for the dissolution of that entity (Article 66 of the Polish Code of Commercial Companies), the court must assess the reasons for which a formal declaration of termination of the general partnership agreement was made, as well as the substantive reasons justifying the making of such declaration. At the same time, the Court stated that it was unnecessary to justify the termination of a general partnership. The position taken by the Court deserves only partial approval. The author proves this thesis by first analysing the arguments used by this Court and then comparing the aforementioned judgment with other decisions of common courts of law and the views of the doctrine.