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Formalized Resolving of Corporate Dispute from a Comparative Perspective

Publication at Faculty of Law |
2022

Abstract

In her presentation, the author focused on the definition of the concept of corporate disputes and their classification. She divided corporate disputes into those that are undoubtedly decided in contested and uncontested proceedings and those where the nature of the proceedings is uncertain, in particular proceedings for the annulment of a general meeting resolution.

In her opinion, the latter group of cases, although regulated by the Special Proceedings Act and the proceedings before the courts are referred to as uncontested proceedings, is a case of contested proceedings. She asks whether it is in accordance with the Charter that the law also establishes the investigative principle in those cases and whether teleological reduction can be applied in relation to Sections 20 and 21 of the Special Proceedings Act.