A management agreement (also known as a managerial agreement or a management services agreement) is an unnamed contract (not governed by the provisions of the Civil Code). This agreement does not appear in any of the Polish acts, despite the fact that some legal acts clearly provide for the possibility of concluding such contracts (including the act on national investment funds and their privatization, the act on state-owned enterprises, the act on commercialization and privatization). The management agreement refers to the provisions of the mandate contract (Articles 734-751 of the Civil Code), general provisions on obligations (Article 353 et seq. Of the Civil Code) and the Commercial Companies Code.
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A managerial contract is a specific form of employment, known as an unnamed contract. It is not regulated by the legislation – the legal source for this type of contract is the principle of freedom of contract (Article 353 of the Civil Code). This means that the parties to the contract are free to shape its content.
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