THE PRINCIPLE OF PRIORITY OF THE FOUNDERS WILL IN FOUNDATION LAW (Zasada pierwszenstwa (prymatu) woli fundatora w prawie fundacyjnym)

The principle of priority of the founder's will in foundation law is not directly expressed in any article of the Foundation Act from 1984. Its validity is mentioned in the legal doctrine and judicial verdicts. It can be interpreted from several articles of the Foundation Act. It applies at every stage of the foundation running - at its setting up, in current operations and while the liquidation. The founder is in the right to create the content of the foundation act and the statutes of the foundation. Members of decision-making bodies of the foundation, which is independent after the registration, should still respect the will of the founder contained in the foundation act and in the statutes. Any amendment of the internal bylaws must be consistent with the will of the founder. The supervision authority has the duty to ensure that the executive board of the foundation acts in accordance with the foundation's statutes, which was set up by the founder.