Przegląd Sądowy Nr 6/2016
The article covers the issue of withdrawal from an agreement on transfer of all rights and obligations in a partnership and its implications both for the parties thereto and third parties.
The writer analyses the legal frameworks of the right of withdrawal, in particular regarding the polish civil code regulations, including the contractual and statutory right of withdrawal. Afterwards the writer applies this measure to the code of commercial partnerships and companies’ regulations, as regards the agreement provided in article 10.The writer maintains that withdrawal from the agreement in question produces its implications between the parties thereto, but does not affect any rights acquired by third parties, including the partnership itself. Nevertheless, a third party may agree the withdrawal’s implications be enforceable against him or her.The writer provides other acts in the law, which are similar to the abovementioned agreement, in terms of the withdrawal’s implications.