Between universal succession and continuation of a civil-law partnership – dogmatic commentary on Article 872 of the Polish Civil Code

Abstract

The article addresses the apparent conflict between inheritance law and Article 872 of the Polish Civil Code, which regulates the continuation of a civil-law partnership after the death of a partner with the participation of his or her heirs. The aim of the study is to demonstrate that this provision does not establish a separate title of singular succession mortis causa. Rather, it authorizes the partners of a civil-law partnership to decide on the manner in which the property claims of the deceased partner’s heirs, arising from his or her participation in the partnership and already covered by universal succession, are to be satisfied in a way that ensures the continuity of the business activity conducted by the remaining partners. The starting point for the analysis is the separation of the civil-law partnership relation from the internal relations between co-heirs and the need to take into account the economic value of participation in the partnership in mutual settlements between co-heirs who join and do not join the partnership.