Glosa do wyroku Sądu Najwyższego z 20 grudnia 2017 r., I CSK 160/17
Commentary on the Judgement of the Supreme Court of 20 December 2017, I CSK 160/17

Summary/Abstract: This article presents commentary on the judgement of the Polish Supreme Court of December 20, 2017, in which the possibility of instituting proceedings for the establishment of non-existence of a resolution of a general meeting of shareholders was confirmed. The author agrees with the Supreme Court ruling in support of the view accepting the existence of a category of declarations that – despite being called resolutions – should not be qualified as such from a legal standpoint. The article analyses the concept of a resolution and the judiciary’s and doctrine’s views on the category of non-existent resolutions, providing examples identified in jurisprudence and legal practice. The author agues in favour of distinguishing the category of non-existent resolutions. Furthermore, he provides an analysis of the issues related to a general meeting of the shareholders exceeding its powers and the legal implications thereof.

• Details
• Contents