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Dr hab. Małgorzata Dumkiewicz
ORCID: 0000-0002-2913-8359

Dr hab. Małgorzata Dumkiewicz, prof. UMCS

Research employee of the Department of Economic and Commercial Law of the Maria Curie-Skłodowska University in Lublin, legal advisor and author of scientific publications in the field of commercial and civil law.

 
DOI: 10.33226/0137-5490.2021.6.4
JEL: K15, K19

Vindicatory record was introduced into the Polish legal system as part of the amendment to the Civil Code introduced by the Act of March 18, 2011. The provisions of Article 9811–9816 of the Civil Code have been in force from October 23, 2011. As of January 1, 2020, the catalog of the testator's property that may be the subject of a vindicatory legacy has been extended. According to the added to art. 9811 § 2 of the Civil Code point 5, the subject of the vindicatory record may be the body of the rights and obligations of a partner in a partnership. The mere extension of the enumerative catalog contained in Art. 9811 § 2 of the Civil Code however, does not resolve the controversy related to the structure of the vindicatory record of the body of the rights and obligations of a partner in a partnership, but raises new doubts as to the juridical shape and application of this institution in partnerships. The purpose of this article is to identify these problems and to make attempt to solve them.

Keywords: the body of rights and obligations of a partner in a partnership; vindicatory record; legal succession from a deceased partner