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Dr hab. Piotr Marcin Wiórek
ORCID: 0000-0003-2478-8341
Dr hab. Piotr Marcin Wiórek, LL.M., prof. UWr Researcher and lecturer at the Department of Economic and Commercial Law of the Institute of Civil Law at the Faculty of Law, Administration and Economics of the University of Wrocław. Advocate. Doctor of German Law. Scholarship holder of the Konrad Adenauer Foundation, European Doctoral College „Systemtransformation und Rechtsangleichung im zusammenwachsenden Europa” of universities Ruperto Carola in Heidelberg,
DOI: 10.33226/0137-5490.2021.11.2
JEL: K15, K20

The aim of this article is to look at the new type of foundation introduced into the Polish legal system in the form of a family foundation not only from the perspective of the advantages of this organizational and legal form raised by the Project Initiator, but also the threats perceived in the German doctrine that it may entail. These threats can be defined collectively as the "dark side" of the family foundation. The article omits the assessment of this new legal institution from the tax law perspective, focusing mainly on its private-law aspects.

Keywords: family foundation; private foundation; enterprise succession; entrepreneur succession; business activity; inheritance law; rule of the "dead hand"; private law

Dr hab. Piotr Marcin Wiórek, LL.M., prof. UWr

Researcher and lecturer at the Department of Economic and Commercial Law of the Institute of Civil Law at the Faculty of Law, Administration and Economics of the University of Wrocław. Advocate. Doctor of German Law. Scholarship holder of the Konrad Adenauer Foundation, European Doctoral College „Systemtransformation und Rechtsangleichung im zusammenwachsenden Europa” of universities Ruperto Carola in Heidelberg, Jagiellonian in Kraków and Jan Gutenberg in Mainz, as well as Max-Planck-Gesellschaft. Member of the Legislative Council to the Prime Minister. He specializes in civil and commercial law, with particular emphasis on company law as well as restructuring and insolvency law, dealing in particular with comparative and European aspects of these areas.