Abstract

The article analyses admissibility of applying Art. 58 of the Civil Code to deeds of limited liability company formation (articles of a joint stock company). Starting with the explanation of an autonomous nature of the commercial companies law within the framework of Polish private law (Art. 2 of the Commercial Companies Code), the author goes on to analyse the legal importance of entry of a commercial company in the register (so-called validation effect of a register entry), as well as any possible legal and economic consequences of striking off the business register of a company which has been in existence for many years. There are references to case law and doctrine relative to this issue. The article ends with an unequivocal conclusion (supported in particular with current judgments of the Supreme Court) that it is not possible to apply Art. 58 of the Civil Code to deeds of limited liability company formation (articles of a joint stock company).