Krytyka Prawa. Niezależne studia nad prawem
Charakter prawny uchwał zgromadzeń spółek kapitałowych
Akademia Leona Koźmińskiego
Abstract
The article discusses the legal character of resolutions adopted by the general meetings of shareholders of capital companies. A proper analysis of the issue is preceded by a definition of legal action. Two groups of opinions are then described: one recognising resolution as legal acts and another refusing to recognise them as such. Following the presentation of the opposing views, the author defines its own position. The main thesis of the article is the claim that, in the light the analysis, the resolution of capital companies must be regarded as legal acts, which will cause a number of further consequences, i.a. in terms of defective resolutions of capital companies and sanctions resulting from that defect.