Charakter prawny stosunków pomiędzy założycielami spółki z ograniczoną odpowiedzialnością

Ihor Krajewskyj

Abstract

The analysis of the legislation shows that the legal regulation of the actions of founders has its imperfections when related to the limited liability company establishment. Having defined the features of a limited liability company (its charter, the number of members, the volume of responsibility of a company member), the legislator enabled the founders to operate at their own discretion while creation of it. Therefore, when there is no normative legal regulation of these relations conflict situations may occur. While resolving such legal disputes it is essential to preserve the balance of the interests of subjects of legal relations and protect their rights. Consequently, it is vital to understand the algorithm of actions of limited liability company founders when establishing such a company and the legal nature of these relations. Thus, the determination of the legal nature of the relations taking place in the process of a limited liability company establishment will give an opportunity to choose a proper mechanism to protect the rights and interests of limited liability company founders if a legal conflict arises.