<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</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.

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

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{"article-title":"Gloss to the Judgment of the Supreme Court of 12 January 2022, III CZP 78/22"}

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)...

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

Published Online: Dec 12, 2023

Page range: 265 - 276

Received: Nov 21, 2023

Accepted: Sep 08, 2023

DOI: https://doi.org/10.15290/bsp.2023.28.04.16

Keywords
breach of the non-competition clause, liability for damages of a limited partner, limitation of claims

© 2023 Konrad Zacharzewski, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

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

Published Online: Dec 12, 2023

Page range: 265 - 276

Received: Nov 21, 2023

Accepted: Sep 08, 2023

DOI: https://doi.org/10.15290/bsp.2023.28.04.16

Keywordsbreach of the non-competition clause, liability for damages of a limited partner, limitation of claims

© 2023 Konrad Zacharzewski, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
breach of the non-competition clause, liability for damages of a limited partner, limitation of claims