Breaching the articles of association as a provision for the undermining the resolution of the general meeting of a company Cover Image

Sprzeczność z umową (statutem) spółki jako przesłanka uchylenia uchwały zgromadzenia spółki kapitałowej
Breaching the articles of association as a provision for the undermining the resolution of the general meeting of a company

Author(s): Bartosz Chudziński, Agata Koschel
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Wielkopolska Rada Młodzieży
Keywords: articles of association;undermining the resolution of the general meeting of a company

Summary/Abstract: The article entitled "Breaching the articles of association as a provision for the undermining the resolution of the general meeting of a company" touches one of the most interesting issues of commercial law, which undoubtedly is undermining of resolutions of the meetings of companies. In this article, authors focus on presenting one of the conditions for bringing an action for annulment of the resolution which is contrary to non-statutory norms. Considering this controversial issue is authors refer to numerous rulings and views of the doctrine. In particular analyzed issues are: nature of the premise, problems related to the impact of the breach on the resolution and lying a border between the violation of the internal regulations of the company and the statutory law. Article contains many rulings and views of doctrine, which are referred to by authors while making their own conclusions.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 21-31
  • Page Count: 11
  • Language: Polish