Enforceability of a judgment against a partnership and the rights of partner

According to the judgment of the Supreme Court of 16 February 2017 sunken in case no. III CZP 99/16, the judgment depriving the feasibility of an enforceable title issued against a general partnership because of the expiry of the undertaking (Art. 840 § 1 point 2 k.p.c.) deprives the creditor the right to carry out executions also against the shareholder on the basis of a writ of execution based on Article. 7781 k.p.c.

The shareholder is entitled to request redemption of enforcement proceedings under Article. 825 paragraph 2 of k.p.c.

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