Comment: The Law on Succession for Sole Proprietors in Austria, Poland and Switzerland

Q2 Social Sciences

European Business Law Review Pub Date : 2022-04-01 DOI:10.54648/eulr2022011

Rafał Wrzecionek

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Abstract

The death of a business owner leads to significant implications in business run by such person. The article presents the most important mechanisms aimed at smooth succession of one-person businesses in the Republic of Austria, the Swiss Confederation, and the Republic of Poland. They include appointment of a proxy and power of attorney, which do not expire as a result of death of businessman (principal) and regulations permitting business continuity after the death of a business owner (by the decision of his legal successors), who during his life did not take advantage of legal mechanisms ensuring business continuity after his death.The article focuses on the diversity and attractiveness of these regulations. Despite the fact that the regulations do not eliminate problems in handing over the business to a successor, they have a positive impact on the business succession issues. When granting a power of attorney (or appointment of a proxy), which can constitute a tool ensuring business continuity in Austria or Switzerland immediately after the death of its owner, requires activity of principal-businessman running a specific business activity, the right to continue business activity (continuity) after the deceased business owner who is a natural person is a possibility, which – despite the lack of business owner’s activity to grant such authorization – can be used by his successors.

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评论：奥地利、波兰和瑞士的《个人所有人继承法》

企业主的死亡会对其经营的企业产生重大影响。本文介绍了奥地利共和国、瑞士联邦和波兰共和国旨在顺利继承一人企业的最重要机制。其中包括任命代理人和授权书，这些授权书不会因商人（委托人）去世而到期，以及允许企业主去世后业务连续性的法规（由其合法继承人决定），而企业主生前没有利用确保其去世后业务持续性的法律机制。这篇文章的重点是这些法规的多样性和吸引力。尽管这些规定并没有消除将企业移交给继任者的问题，但它们对企业继任问题产生了积极影响。授权委托书（或委托代理人）可构成确保在所有者去世后立即在奥地利或瑞士进行业务连续性的工具，授权委托书要求经营特定业务活动的主要商人开展活动时，有可能在自然人已故企业主之后继续开展业务活动（连续性），尽管企业主缺乏授予此类授权的活动，但其继任者可以使用该授权。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Business Law Review Social Sciences-Law

CiteScore

1.10

自引率

0.00%

发文量

期刊介绍： The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.