Abstract
<jats:p>Encumbrance of shares in a limited liability company The subject matter of encumbering shares in a limited liability company addressed in this monograph combines issues falling within two areas of civil law: property law and company law. From the point of view of the topic of the study, the key issue was to clarify the concept of encumbrance, and the related doubt boils down to the following question: Does the concept of encumbrance accommodate only rights in rem (in particular limited rights) or also rights involving an obligation. The publication presents the various types of acts in law starting with acts involving a transfer of a property right and then explains the concept of acts involving encumbrance of a property right. As far as company law is concerned, the study highlights the incomplete regulation contained in the Polish Commercial Companies Code concerning encumbering acts stipulated in this Code, i.e. usufruct and pledge. The monograph presents an analysis of individual rights falling within the scope of rights attached to shares and assigns some of them to the holder of a limited right in rem. The view presented here on the qualification of voting rights exercised by the pledgee or the usufructary deserves special attention.</jats:p>