Monitor Prawa Handlowego

no. 4/2013

Mutual relations between registration proceedings and litigious proceedings in cases relating to illegitimate regulations of the shareholder bodies of companies

Jacek Kołacz
Autor jest stypendystą Fundacji na rzecz Nauki Polskiej.
Abstract

Th is study refers to the problem, important not only from the theoretical but also practical point of view, of mutual relations between registration proceedings and proceedings initiated by actions for annulment of resolutions of shareholder bodies of companies (see Art. 249 and Art. 252 as well as Art. 422 and Art. 425 of the Commercial Companies Code). Special emphasis has been given to the issue of the interaction between the ad meriti judgments passed as a result of those proceedings and the infl uence mutually exerted by them within the meaning of Art. 365 § 1 of the Code of Civil Procedure. In addition, problems resulting from diff erent chronological confi gurations of judgements pronounced in the proceedings in question have also been discussed.