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The School of Magistrates, on 7 April, 2025, had the training activity on topic: “The judgment of disputes for the abrogation of decisions of the administration organs of trade associations. The juridical nature of the internal control of the decisions of the organs of trade association. Relative and absolute invalidity of the acts issued from the organs of associations of capital. The juridical nature of the consequences of the invalidity of the acts issued by the organs of the company.”
This activity was conducted by:
Experts: Artan Hajdari and Alma Hicka
Facilitator: Alda Sadiku
The purpose of this training is:
The development and updating of knowledge and legal concepts regarding the decision – making of the organs of administration of trade companies; the validity of the acts of companies of capital; the trial of disputes in this direction. The training of magistrates and of other participants of the training, on the aspects of the control of companies of capital, types of the invalidity of the acts of company and their consequences, judicial control and the elements of disputes related to them.
The training was realized by combining presentations (up to 20 - 30 min) with the discussion of issues brought for discussion (self-study questions, questions, answers) and case law exercises & quizzes to encourage and realize the active interaction of participants.
In this training activity were elaborated different topics, such as:
- The nature of the control of the activity and of the acts of companies of capital;
- Companies of capital and their administration;
- Bodies of direction and administration of companies of capital;
- The nature of the decision – making for the exclusion of partner;
- Forms of the invalidity of the formation of trade company: (i) invalidity before registration, and (ii) invalidity after registration;
- The address of consequences of the invalidity of the acts of companies of capital;
- Comparative aspects with types and consequences of the invalidity of juridical actions;
- Juridical instruments of protection and forms of the consolidation of decision – making and of the acts of bodies of companies of capital;
- Active and passive legitimating in trials for the opposing of the validity of the acts of company;
- Juridical nature of the bodies of companies of capital in their internal function;
- Juridical nature of the internal control of the decisions of the bodies of company;
- Types of the acts issued by the bodies of the company of capital and forms of their invalidity (absolute and relative invalidity);
- Aspects of the invalidity of companies of capital, of their acts and of the protection means in the comparative view with the Italian legislation and the jurisprudence of the Cassation Court of Italy.
In this training activity participated judges and state advocates of the Republic of Albania.
