COMMERCIAL LAW

Vol. 121 (2020)

A statement of claim against the partnership for declaring invalid the resolution of partners

Pages: 143-153

Matysiak (Język Polski)

Abstract

The Commercial Companies Code does not contain any regulation regarding the appeal against resolutions of partners of partnerships. Such resolutions may, however, be unlawful, violate the interests of the company or be aimed at harming a partner. They may be considered void within the meaning of Art. 58 of the Civil Code. Such resolutions may be subject to judicial review by way of an action seeking the annulment of a resolution. The purpose of this article is to answer the question of the admissibility of such an action and its conditions