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Defectiveness of the resolutions in partnerships

Bartosz Chudziński

Abstract

The aim of this thesis is to examine the issue of defectiveness of the resolutions in partnerships. This issue shows a great importance for the practice, even though it has not been yet a subject of a more comprehensive academic study. Chapter I contains the analysis of the legal nature of the resolutions and study the relation between the resolutions and the other collective decisions that are made by partners. The following three chapters (Chapters II-IV) discuss various violations that may result in a resolution being defective. In particular, the consequences of the resolution being contrary to the statute law and it’s violations of the articles of association and other standards are examined. This part of the thesis mainly focuses on how each of the violations effect the resolution and if is it possible to challenge the resolution on these grounds. It is also discussed which of the statutory provisions shall be applied in a case of each violation. Chapter V focuses on the procedural aspects of challenging the resolutions at court. The thesis is summarized by de lege lata conclusions in which an assessment of the current state of the regulation concerning partners’ resolutions is made. In the following de lege ferenda conclusions some legal changes for the future are proposed.
Record ID
UAM05040a5a3f344f34a66e548a17dc1a28
Diploma type
Doctor of Philosophy
Author
Title in Polish
Wadliwość uchwał spółek osobowych
Title in English
Defectiveness of the resolutions in partnerships
Language
pol (pl) Polish
Certifying Unit
Wydział Prawa i Administracji [nowa struktura organizacyjna] (SNs/WPriAd)
Scientific discipline (2.0)
5.7 law
Status
Finished
Year of creation
2021
Start date
2019
Defense Date
19-05-2021
Title date
19-05-2021
Supervisor
Pages
324
URL
https://hdl.handle.net/10593/26279 Opening in a new tab
Keywords in English
defectiveness of the resolutions; undermining partners' resolutions
Abstract in English
The aim of this thesis is to examine the issue of defectiveness of the resolutions in partnerships. This issue shows a great importance for the practice, even though it has not been yet a subject of a more comprehensive academic study. Chapter I contains the analysis of the legal nature of the resolutions and study the relation between the resolutions and the other collective decisions that are made by partners. The following three chapters (Chapters II-IV) discuss various violations that may result in a resolution being defective. In particular, the consequences of the resolution being contrary to the statute law and it’s violations of the articles of association and other standards are examined. This part of the thesis mainly focuses on how each of the violations effect the resolution and if is it possible to challenge the resolution on these grounds. It is also discussed which of the statutory provisions shall be applied in a case of each violation. Chapter V focuses on the procedural aspects of challenging the resolutions at court. The thesis is summarized by de lege lata conclusions in which an assessment of the current state of the regulation concerning partners’ resolutions is made. In the following de lege ferenda conclusions some legal changes for the future are proposed.

Uniform Resource Identifier
https://researchportal.amu.edu.pl/info/phd/UAM05040a5a3f344f34a66e548a17dc1a28/
URN
urn:amu-prod:UAM05040a5a3f344f34a66e548a17dc1a28

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