General partnership
This term refers to the law of the country selected below.
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What is a general partnership?
A general partnership (spółka jawna) is the basic form of a commercial partnership under Polish law. It has legal capacity but does not have legal personality. It may acquire rights in its own name, including ownership of real estate and other rights in rem, incur obligations, sue and be sued. Each partner is liable for the partnership’s obligations without limitation with all of his or her assets, jointly and severally with the other partners and with the partnership. As a rule, however, this liability is subsidiary: enforcement against a partner’s assets may be pursued when enforcement against the partnership’s assets proves ineffective, although the creditor may bring an action against the partner before such ineffectiveness has been established.
Legal basis: Articles 8, 22 § 2 and 31 KSH.
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