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Withdrawal from the Function of a Statutory Body Member of a Partnership

Publication at Faculty of Law |
2018

Abstract

The author analyzes whether a member of the statutory body of a partnership can unilaterally terminate his function (office). The author considers whether a member of the statutory body of a partnership is subject to the rule of the Commercial Corporations Act or to some of the rules of the Civil Code, which would grant him such a right.

Considering the nature of the membership in the statutory body of a partnership, the differences of partnerships and also the comparison with other legal regulations, he concludes that a member of the statutory body of a partnership cannot ex lege withdraw from his function. At the same time, however, he concedes that such a right may be based on an arrangement in the articles of association.

Finally, the author proposes to change the legal regulation.