Monitor Prawniczy

no. 20/2015

Questions of law (Art. 390 § 1 of the Code of Civil Procedure). To whom the declaration of will of a member of the management board of a limited liability company concerning stepping down from that function be addressed to

Jerzy P. Naworski
Autor jest sędzią Sądu Okręgowego w Toruniu i prof. Wydziału Nauk Ekonomicznych i Zarządzania UMK w Toruniu.
Abstract

The gloss concerns critical remarks regarding the requirements put by the Supreme Court ti the point of law submitted for its resolution pursuant to Art. 390 § 1 of the Code of Civil Procedure. The are substantiated by the example of the commented case in which the Supreme Court refused to adopt a resolution despite the fact that the question met all prerequisites specified in judicature, and it concerned the controversial issue of to whom the declaration of will concerning stepping down from the function of a member of the management board of a limited liability company should be addressed to.