On shareholders’ meeting resolution adopted solely by unauthorized parties: issues of legal qualification (invalidity or non-existence?) and third-party rights

The work, taking inspiration from a recent Supreme Court judgment that qualified as nonexistent a resolution adopted solely by unauthorized parties, intends to investigate the space still recognizable to the category of non-existence with reference to shareholders’ meetings, in the light of the evolution of jurisprudence and the doctrinal debate following the reform of corporate law in 2003, also considering the indications deriving from other sectors of the legal system. The work also aims to reflect on the position of third parties who may have acquired rights in execution of a resolution that can still be classified as non-existent (and on any differences with respect to a qualification in terms of invalidity).