Wprowadzenie do problematyki nieistnienia czynności prawnych ze szczególnym uwzględnieniem uchwał nieistniejących

Subject of article is to present a controversial concept of non-existent legal acts (negotium non exi-stens), which is almost purely doctrinal construction. As a next step article show how non-existent legal acts affect commercial law. Even though the term „non-existent legal act” Is not used in any legislative act in polish law and there are only few regulations which mentions „non-existence” according to resolu-tions of collegiate bodies, in the context of resolutions adopted by capital companies, this topic is very actively discussed. There are several causes for it. Primarily it is the characteristic collective manner in which resolutions are made, which provides more possibilities for question it than in the case of state-ments made by individual people. In addition to defects in the declaration of intent, formal or procedu-ral defects can also be alleged against such actions. The concept of non-existence is particularly relevant in discussions concerning resolutions adopted by capital companies, due to the specific procedure of removing such resolutions from legal circulation. The main goal of the paper is to show that the discus-sion about non-existent resolutions exist and to raise awareness that there is a risk not only of taking up invalid resolutions but also of non-existent ones. The article shows various perspectives and statements of doctrine and the judiciary. It is worth noting that the construction of non-existent resolutions is accepted by courts and there are judgments mentioning non-existence of resolutions. There are also voices that are very critical on this issue, but due to the acceptation of this construction by the Supreme Court, it should be assumed that Polish law recognizes the concept of non-existent legal actions, at least in the case of resolutions.