What happens after the death of a partner in a civil partnership?

A civil partnership is a form of business activity run by entrepreneurs, but it is not limited to natural persons. By concluding an agreement, partners of a civil partnership undertake to strive to achieve a common economic goal by acting in a specified manner, in particular by making contributions. The civil partnership itself is not subject to registration, and this obligation applies only to its partners, who are subject to registration in the Central Registration and Information on Business. What happens in the event of the death of one of the partners of a civil partnership?

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Co się dzieje po śmierci wspólnika spółki cywilnej

Assets of a civil partnership and inheritance

Pursuant to the provisions of the Civil Code, a civil partnership does not have separate assets, therefore the heirs of the deceased partner do not inherit any shares in the company. The fate of the company itself after the death of its partner is a separate issue. This applies in particular to the possibility of its continued operation. In this case, the content of the contract itself, which should regulate such an issue, remains an important issue. There are then three solutions:

  • The company continues to exist in a reduced composition
  • The company ceases to operate
  • The deceased partner is replaced by his heirs

However, two of the above-mentioned possibilities oblige the existing parties to the contract to make mutual settlements. First of all, this would refer to payment for the share that the deceased testator would have had in the company. It remains problematic for heirs to join a civil partnership in place of an existing partner. Until the estate is divided, each of the heirs may have a claim to participate in the civil partnership. Then it is best to appoint one person to represent the common interests of the heirs in relation to the other partners of the civil partnership.

It should be remembered that the heirs may have a claim to participate in a civil partnership only if the content of the contract itself provides for it.

If you are interested in settling settlements in connection with an existing civil partnership, please contact us.

Author:

Rafał Drzewiecki

Lawyer, Mediator

He specializes in providing legal assistance to natural persons. He attaches great importance to trying to resolve disputes amicably, including in criminal cases. He realizes his professional career in criminal law, because he served his legal training under the supervision of an attorney specializing in this field. He is particularly interested in post-penitentiary issues: the system of electronic supervision, breaks in serving the prison sentence, conditional early release.

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