Glosa do uchwały Sądu Najwyższego z dnia 18 lipca 2012 r., sygn. akt III CZP 40/12, OSNC 2013/2/18

Abstract

The resolution of the High Court positively answers the question whether the guardian, mentioned in paragraph 42 of the Polish Civil Code, should also be appointed in a situation, when the management board has unfilled posts. Due to paragraph 42 the resolution is right but it gives no practical solution in the case which was decided by the Court. The guardian should be appointed only to liquidate the foundation, when the foundation’s organs cannot effectively make decisions. Translated by Karolina Ziemianin

Keywords

• management board
• unfilled posts
• guardian
• foundation