Abstract
The aim of this article was a brief reflection on the meaning of § 244 / 2 ZOK in the framework of the corporate governance, whose main pillars include the requirement of equal treatment of all shareholders. The author asks whether it is consistent with the meaning and aim of the Act that the general rule of the joint stock companies regulation sets the strictest possible sanctions in the form of nullity - nonexistence (in Czech zdánlivost) for breach of the principle of equal treatment of shareholders compared to the rules governing specific situations, which threaten with such unequal treatment which allow for milder sanctions (usually in the form of relative invalidity).
The author considers such an arrangement of protection for shareholders as unsystematic and contradictory. The article therefore attempts to outline appropriate method of interpreting the rule § 244 / 2 ZOK and possible legislative solutions.