Monitor Prawniczy
no. 1/2023
Interpretation of Art. 15 of the Commercial Companies Code in the latest judgments of the Supreme Court and appellate courts
DOI: 10.32027/MOP.23.1.4
Autor jest radcą prawnym
Abstract
The article discusses the problem of application of Art 15 § 1 and 2 of the Commercial Companies Code. With a view to practical significance of this matter it is justified to refer to the judgments of the Supreme Court and apellate courts made in recent years. Their analysis allows for a conclusion that a consistent line of jurisprudence has emerged regarding the scope of the provision in question, based on the functional understanding of the phrase “other similar agreements”. The purposive interpretation of the provision is also used to understand the substantive scope, although in this case – as a rule – it is sufficient to refer to the colloquial understanding of the phrase that arouses doubts.
Keywords
conflict of interests, shareholding company, shareholders’ meeting, supervisory board, protection of a company’s interests