Przegląd Ustawodawstwa Gospodarczego Nr 01/2007

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Artykuły

Beata Janiszewska

Uniwersytet Warszawski Przedawnienie roszczenia zwrotnego ubezpieczyciela przeciwko ubezpieczonemu sprawcy szkody komunikacyjnej

Limitation of insurance agent regress claim against communication damage perpetrator
Issue of a typical insurance regress claim, what means a claim vested to an insurance company against insured damage perpetrator return of comensation paid to a sufferer was frequently considered in jurisdiction and the doctrine of law. The essential meaning of civil responsibility insurance relating to possessors of mechanic vehicles and constant interest in construction of his insurance inclines rather to resume this issue which was so far treated exceptionally disputable but also very significant socially. It is significant that in the writing/doctrine there stays a great diversity in posts, resulting from different estimations of this claim's legal character. Pluralism of presented opinions, expressed in proposals of using 118, 442 par. 1 or 819 § 1 articles of civil code, favoring also many changes in regulations in the postwar period, that regulated a question of obligatory communication insurances, including several acts and decrees.

Rafał Blicharz
Tomasz Bieniek

Uniwersytet Sląski Charakter prawny umocowania partnera oraz zarządu do reprezentowania spółki partnerskiej

Legal character of authorisation for partner and management board to represent a professional partnership
Evolution of ideas relating to legal character of the commercial partnership representation seems to be an inevitable phenomenon. It occurs due to the fact that legal regulation of these entities is extremely dynamic; legislator has distinctly moved an emphasis from recent priority of legal personality to current legal subjectivity, that was provided to all objects covered by the commercial partnerhips and companies code: not only the companies but also partnerships. From an expedience point of view there does not exist sufficient purpose to make a difference in a legal character of these two types entities' representation and in this context it should be rather postulated to create a distinct legal basis, which could justify using a theory of executives also to the partners in partnerships. Nevertheless from legal and formal point of view such diversity "de lege" lata still appears to be necessary, what leads to a fact that a dispute on stating the proper character of these entities' representation still stays open.

Katarzyna Bilewska

Uniwersytet Warszawski Geneza spółki europejskiej

Origin of the European company
Idea of European company from one side derives from international companies (entities) tradition, from the other it is a successor of an European integration as a particular legal, policy and economic process. The comprehensive elaboration with voluminous bibligraphy - presents this issue in an entire way.

Orzecznictwo w sprawach gospodarczych

Sąd Najwyższy
I. Wypowiedzenie umowy najmu zawartej na czas określony
II. Przedawnienie roszczenia o zwrot zadatku wynikającego z umowy przedwstępnej