Partnership general assemblies' resolutions

This article deals, on the one hand, with the codification of void resolution de lege lata under the Com­mercial Code after the amendment No. 501/2001 CoL, on the other hand with the codification void resolution in some special acts. It deals both with the substance and meaning of the codification, with its interpretation and with the controversial issues produced by this codification. Primary attention in this context is affor­ded the considerable interpretation problems connected therewith, in particular in relation on the basic prin­ciple on the basic principle of Czech private law, with the principle of morality.
The principal problem, in the author's opinion, is the narrowly positivist approach of contemporary judicial practice, often with the tendency to narrow­minded formalism which, in its consequences, jeopar­dizes justified claims and rights of the persons acting in good face and trust in the rule of law.