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Abstrakt

PERSONAL LIABILITY OF A LIMITED PARTNER FROM THE PERSPECTIVE OF COMPANY’S CREDITORS’ INTEREST

The analysis of the provisions regarding personal liability of a limited partner for the obligations of the limited partnership leads to the conclusion that very often the creditor should not expect to exercise this liability. In reality, it is hard to find an example of the execution of a guarantee function of a limited partner contribution since there are no regulations regarding its minimal amount. The situation of a creditor regarding the return of a contribution to a limited partner is non-transparent. This state of affairs exists despite the fact that volumious application forms are used for the purposes of commercial register regarding the return of a contribution and the overestimation of its value.