The responsibility of parties in consortium agreement

The occurrence of consortium agreements in business transactions is a manifestation of freedom of contract and has not been widely considered in the decisions of the court and legal doctrine in Poland. The growing interest in the consortium institution also increases the importance of the issue of members' liability to third parties for obligation resulting from consortium running. Therefore, it is needed to answer the question whether, in relation to the consortium agreement, it is possible to apply, by analogy, article 864 of the Civil Code, forming joint and several liability for the obligations of the private company. It seems that such option is allowed only to the consortium known as external and centralized, which in its legal structure is the most similar to the model of the civil law partnership. This solution does not unduly restrict individuals freedom and on the other hand - takes into account the contractors' interests, concluding contracts with the participants of the consortium.