The Legal Nature of the Judgement Issued Pursuant to Article 425 of the Code of Commercial Companies: Declaratory or Constitutive?

<p>For many years there has been a dispute in the field of commercial law concerning nature ruling issued as part an action for annulment resolution general meeting under Article 425 Code Commercial Companies (hereinafter: CCC). The multitude both studies representatives doctrine and opinions expressed court decisions, allows this to be included two opposing theses, which, together with arguments their support, authors presented article. supporters declarative character judgement indicate necessity carry out linguistic, systemic historical interpretation norm, well refer 58 Civil adopt indicated model absolute nullity. Part also indicates that standard CCC is special regulation relation 189 Procedure. On side thesis about constitutive ruling, it CCC, therefore not nullity nature. Moreover, are raised concurrence sanction contained 422 secure legal turnover thanks ruling. article presents evolution jurisprudence line towards adoption position its domination Polish Supreme Court based on security transactions. article, through analysis views comments, scientific articles monographs, have set themselves goal collecting, summarizing organizing most popular positions arguments.</p>