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zaba-on-liability-for-execution-
On liability for execution or
non-execution of the binding instruction in the group of companies under Polish
law
Mateusz Żaba, PhD.,
University of Silesia, Katowice, Poland. Attorney at Law
Právny obzor, 105, 2022,
special issue, pp. 60-72
Published online: 20.2.2023
https://doi.org/10.31577/pravnyobzor.specialissue.2022.05
Abstract. This article
deals with the new Polish regulation of the group of companies and the issue of
internal liability between companies participating in such a group. The purpose
of this paper is to analyse the regulation concerning not only the legal nature
of binding instruction issued in the group of companies but also the liability
in the case of damage caused by the execution or non-fulfilment of such an
instruction. In the article pages that follow, references are made to the
boundaries of the binding instruction, the premises for refusal to perform it
and the issue of the parent company’s liability for damage caused by the
execution of a binding instruction and the subsidiary company’s liability for
failure to carry out the instruction.
Keywords: group of
companies, liability for non-execution of the binding instruction, liability for
damage caused by the execution of the binding instruction, Polish law
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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OPEN ACCESS