Defects in the Undertaking as an Object of Legal Transaction

The article is of a scientific and research nature contains the results project conducted within area Polish civil law commercial law. aim to define concept “defect undertaking” subject legal transaction identify relationship between defect undertaking defects its individual assets. It not only theoretical but also practical significance carry out an analysis this issue, given possibility making independent object transactions. An important issue distinction as transaction, in right or rights assets thereof. main thesis boils down statement that specific construct, different from their defects. can exist situation where no asset affected by such defect. purpose build demonstrate characteristics which make up essence terms organisation, functionality, taking into account type concerned. these deliberations examine classification under provisions defining incompatibility with contract good covered transaction. complemented list types liability for correlated liability.