ZASADA RÓWNEGO TRAKTOWANIA AKCJONARIUSZY W KODEKSIE SPÓŁEK HANDLOWYCH - ZAGADNIENIA PODSTAWOWE

Abstract

The principle of equal treatment of shareholders is one of the instruments of protection of minority shareholders within a company. In the project discussed in the article we can see this principle in a descriptive way - as a well determined pattern of shaping organizational structure of a joint stock company. Such a pattern is composed with a series of different norms preferring just such a mode of regulating relations between a company and its shareholders. Such an approach offers some axiological premises which should be of distinct importance within the process of functional interpretation o f particular norms relating to the law companies. The principle discussed can also be comprehended in a directional sense; firstly - as a particular postulate of legislation politics and - secondly - as a binding norm of the system of law. In normative sense it results from the principle an obligation for a share stock company to treat equally (in the same circumstances) all its shareholders - with the only reservation made for the exceptions admitted by the law and statutes and motivated with the interest of the company. The introduction o f the article 20 into the Project of the Law on Commercial Companies shall not change essentially respective legal situation in comparison with regulations of the Commercial Code dated 1934.