Constitutional-law basis for distinguishing the constitutional freedom of establishment in Poland and its private-law restrictions relating to the content and form of the acts of formation of commercial partnerships and companies

Abstract

The article presents the constitutional-law basis for distinguishing the constitutional freedom of establishment in Poland, as well as its private-law restrictions on the content and form of acts of formation of Polish commercial partnerships and companies operating under general rules of the Code of Commercial Partnerships and Companies. The above leads to the conclusion that freedom of establishment in Poland has a constitutional and legal basis in the form of Article 20 (and Article 22) of the Polish Constitution applied alone or in conjunction with the provisions of Articles 64 and 65 of the Constitution, and that the private-law restrictions on that freedom in the area of the content of the acts of formation of commercial partnerships and companies established in a traditional manner are mixed, in part absolute and in part relative, while being absolute in the area of the form of those acts. In the case of e-partnerships and e-companies, the restrictions are directly linked to their establishment over the Internet with the use of model contracts made available in the electronic system.