Have a personal or library account? Click to login
Gloss to the Judgment of the Supreme Court of 12 January 2022, III CZP 78/22 Cover

Gloss to the Judgment of the Supreme Court of 12 January 2022, III CZP 78/22

Open Access
|Dec 2023

Abstract

The judgment of the Supreme Court commented on here was devoted to the limitation of claims. One of the members of the partnership (the general partner) violated the non-competition clause and caused damage to the partnership. Another member (the limited partner) sued him for compensation for this damage. The Supreme Court adopted a resolution specifying the beginning of the limitation period for a claim to redress the damage caused. The legal assessment of the Supreme Court is correct. If the violation of the prohibition of competition consists in repeated behaviour, the claims of a partner provided for shall expire after six months from the date when all other partners became aware of the violation, but not later than after three years, counted separately for each behaviour.

DOI: https://doi.org/10.15290/bsp.2023.28.04.16 | Journal eISSN: 2719-9452 | Journal ISSN: 1689-7404
Language: English, Polish
Page range: 265 - 276
Submitted on: Nov 21, 2023
Accepted on: Sep 8, 2023
Published on: Dec 12, 2023
Published by: University of Białystok
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2023 Konrad Zacharzewski, published by University of Białystok
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.