Ocena wybranych przepisów prawa holdingowego ze znowelizowanego Kodeksu spółek handlowych z punktu widzenia zasad austriackiej szkoły ekonomii
Evaluation of selected provisions of the holding law from the amended Code of Commercial Companies from the point of view of the principles of the Austrian school of economics

Summary/Abstract: The long-awaited latest amendment to the Code of Commercial Companies that regulates holding law, should be subjected to a critical assessment, in which are helpful the principles of the Austrian school of economics. Analyzing the current act, comments and literature of the Austrian school, it can be seen that the regulation from Section IV of the Code of Commercial Companies contains many unnecessary and too intrusive provisions, at the same time including incomplete provisions. A remedy could be the introduction of an obligation to adopt a resolution by the shareholders’ meeting of companies included in the holding, in which the indicated issues would be individually regulated – such a solution would reflect the practical and dynamic nature of commercial law.

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