Przyłączenie jednostki organizacyjnej spółdzielni do innej spółdzielni
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Date
1984
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Wydział Prawa i Administracji UAM
Title alternative
Joining an organizational unit of cooperative to another cooperative
Abstract
Joining an organizational unit of cooperative to another cooperative is one
of the new institutions of the Polish cooperative law of 1962, Joining can occur
among all cooperatives operating within limits of Polish legal order. It haß to
be established, upon examining joining from a civil law point of view, that it
is carried into effect as a result of contract between making over and taking over
cooperative. Among conditions of joining an organizational unit of one cooperative
to another a particular part is played by: 1) expressing appropriate will by the
group of cooperative members whose property rights and obligations are bound
with an organizational unit to be joined to another cooperative, 2) passing a resolution
by a general meeting of that cooperative complying with a request of
mentioned members, 3) willingness of other cooperative to take an indicated unit
over expressed by a suitable resolution of its general meeting. Taking over is not
permissible if it is to effect decrease in financial rights of members of making
over cooperative related to an organizational unit to be taken over by another
cooperative. Joining an organizational unit to other cooperative can also occur by
means of a resolution of general meeting of making over cooperative passed on
the own initiative of that organ. Taking over takes place on entering in registers
of making over and taking over cooperatives. The entry in the register of taking
over cooperative is of a decisive importance. The records have a constitutive character. Taking over results are personal and legal, and financial. Members related
to joined unit pass to taking over cooperative. Property of commodities, property
rights and debts related with that unit are also passing (ex lege) for the benefit
of taking over cooperative. It is also entering into labor relations towards members
taken over from making over cooperative. Resolutions of making over and
taking over cooperatives are suable in court by any of their members according
to the rules laid by art. 42 and 43 of Cooperative Law
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 1, s. 93-118