O členství v bytovém družstvu v procesu dělení tohoto družstva
On housing cooperative membership in the process of dividing the cooperative

Summary/Abstract: The legal regulation of the division of a cooperative is represented by only two sections of the Commercial Code - § 255 and § 256 - and this divides the content of these paragraphs with the issue of merger and amalgamation of the cooperative. In order for the list of provisions relating to the division of a cooperative to be completely complete, it is necessary to add § 239 para. 4 of the same Act defining the scope of the membership meeting. In contrast to this state of legislation, the seriousness of the consequences that the division of a cooperative brings with it both for the cooperative itself and for its members. The legislator apparently proceeded from the idea that the eventual division of a cooperative (similarly to its dissolution, merger or amalgamation) is an internal matter of the cooperative, so it is enough to define only the most basic rules for them and leave everything else to the cooperative's statutes and body of the cooperative - membership meeting, or another body performing its functions.

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