O niektórych następstwach regulacji uchwał w projekcie kodeksu cywilnego

Abstrakt

The article discusses the regulation of resolutions in the draft of the First Book of the Civil Code published in October 2008 by the Commission for the Codification of the Civil Law established under auspices of the Ministry of Justice. The article discusses in particular the proposals provided for in the draft concerning the legal character of a resolution and the legal character of votes cast in the process of its adoption. In addition, the article discusses the draft proposal for the legal grounds for adoption of a resolution and prerequisites for its validity. A significant part of the article is devoted to issue of consequences of flaws in the process of adoption of a resolution contained in the draft. The author pays special attention to draft proposal that a resolution can be found to be invalid because of the flaws that occurred during its adoption only if those flaws had impact on its final content. The draft regulation is evaluated on the basis of the current doctrine and jurisprudence. 

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