Charakter prawny terminów w kodeksie spółek handlowych

Abstract

Polish Commercial Companies Code (PCCC) uses a number of terms, understood in accordance with the provisions of civil law, both as a period of time and a moment. The aim of this paper is primarily a general description of the legal nature of two categories of terms – limitation period for claims and imperative terms included in the PCCC. Identifi cation and discussion of these terms is related to the existing case law in the doctrine or the controversy associated with their vague wording. This article consists of two components. The first points out the fundamental differences between limitation period for claims and imperative terms linked to their legal nature on the grounds of civil law. The second part is an analysis of selected examples of both periods. The summary is a postulate addressed to the legislature to consider changes in terms of selected terms of the law, to eliminate doubts.