Przekształcenie przedsiębiorstwa państwowego w jednoosobową spółkę Skarbu Państwa

Abstract

In the article, the author investigates the question of legal character of the transformation of a state enterprise into a single-shareholder company of the State Treasury. The author criticizes the leading views in this respect, according to which such transformation is either a civil law transaction or an administrative decision. The transformation is a complex process, in the course of which the Minister of Ownership Changes acts both in the domain of administrative and civil law. In the author's opinion the transformation of a state enterprise into a single- -shareholder company of the State Treasury does not consist merely in a change of the legal shape of the existing legal entity, but leads to the creation of a new legal entity. Such a new entity assumes the totality of rights and duties of a former state enterprise by means of universal succesion.