Abstract

One may speculate that the Polish legal system rarely experiences a situation whereby a single article of a statute, even quite extensive, causes so many interpretational problems as Art. 83 of the Act on housing cooperatives introduced by way of an amendment. Actually all of the issues regulated in that article arouses doubts. This concerns the division of a general meeting into parts, its convocation, initiative to propose resolutions, and first of all passing of resolutions as such. The fact that so far those regulations have failed to be noticed by the legislator is surprising. On the other hand, attempts to resolve many practical problems have been made – frequently with a very positive effect – in the jurisprudence of the Supreme court and common courts. The verdicts passed in this respect frequently depart from the literal wording of those provisions and refer to the rules of teleological interpretation, which seems to be necessary and justified with a view to evident oversights and omissions of the legislator.