Advance payment for the share in residual assets of a partnership – commentary on the judgement of Appellate Court in Katowice of 17 January 2022, V AGa 57/21

In the judgment of 17 January 2022 (V Aga 57/21), the Appellate court of Katowice held that a partner in a commercial partnership may receive an advance payment for its right to participate in residual assets of a partnership provided that such a payment was authorized by an unanimous resolution of partners or of also persons who caused the judicial appointment of liquidators. The problem of allocation of competences in this regard has not been discussed thoroughly so far by the legal scholars.