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Private partnership outside law

The Supreme Court by decision from June 10th, 2016  in case No. IV CSK 636/15, ruled there are no grounds to grant the enforcement clause against the partners of a private partnership, when the adjudicative judgment order private partnership to pay. He emphasized that circumstances judgment was delivered in a foreign country, according to which law private partnership has status of legal person, does not matter.

In the jurisprudence of common courts and the Supreme Court is currently fixed view that private partnership hasn’t got status of legal person under Polish law. The partners shall bear joint and several liability for the partnership's obligations, and they should be marked as a litigant party in adjudicative judgment. Incorrect designation in the judgment of the debtor as a private partnership can not be cured by the court at the stage of granting enforcement clause proceeding by granting enforcement clause against partners.

The shape of these findings is not affected by the fact that the enforcement order was passed by a foreign court, according to which law private partnership has status of legal person, because according to the Council Regulation (EC) No 44/2001 Polish court may refuse a declaration of enforceability, when it would be contrary to domestic law order.

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