Construction of contributions made by partners to a commercial partnership

The author of the article draws attention to the fact that under the law currently in force there are several possible explanations of the construction of contributions made by partners to a commercial partnership. The following concepts are the subject of a critical analysis: (i) so called complex facts, (ii) so called deferment of effects of a legal action, (iii) so called commercial partnership in organization, and (iv) agreement in favor of a third person (pactum in favorem tertii). In author's opinion, the construction of contributions made to commercial partnerships resembles most similarity with pactum in favorem tertii (Article 393 of the Civil Code). However, it cannot be considered equivalent with an agreement in favor of a third person. In result, there is no basis for the application of the most of the provisions contained in Article 393 of the Civil Code.