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Przegląd Ustawodawstwa Gospodarczego Nr 04/2007

Przegląd Ustawodawstwa Gospodarczego Nr 04/2007

ISSN: 0137-5490
Dostępność: Produkt niedostępny
Liczba stron: 32
Miejsce wydania: 2007 Warszawa
Oprawa: miękka
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Artykuły

Agata Jurkowska
Dawid Miąsik
Tadeusz Skoczny
Marek Szydło

Nowa uokik z 2007 r. - kolejny krok w kierunku doskonalenia podstaw publicznoprawnej ochrony konkurencji w Polsce

New Act on Competition and Consumer Protection - a Further Step to Improve the Basis of Public Protection of Competition in Poland
The article presents solutions of a new act of 16 February 2007 on competition and consumer protection. The act introduces two significant amendments in the previously existing system of competition and consumer protection. The first amendment is the abolition of the obligation to commence the proceedings following a motion in cases of competition restricting practices or practices infringing collective consumer interests. This modification serves a rationalization of activities by the Office for Competition and Consumer Protection (OCCP), but it is also a step to make private enforcement of competition and consumer protection act more common. The other important amendment is an introduction of a possibility to impose fines on entrepreneurs infringing collective consumer interests. Moreover, the new act restores independency of the President of the OCCP and implements Regulation (EC) No 2006/2004 of the European Parliament and the Council. All the modifications indicated above deserve generally, according to authors of the article, a positive assessment. However, certain doubts may be raised in relation to amendments in a system of decisions sanctioning competition restriction practices and practices infringing collective consumer interests.

Anna Jedynasta

Czy umowa dewelopreska to umowa przedwstępna?

Is the development contract a preliminary contract?
The contracts entered by the housing developers with the purchasers before realization of the building investment constitute a distinct type of transactions commonly concluded nowadays, which, however, have not yet been regulated by a statute. They are often named by the contracting parties as preliminary contracts. They create an obligation of both parties to enter a contract of sale of a freehold apartment in the future, which is characteristic for the preliminary contract. But the developer does not only enterprise the activities necessary to conclude the promised agreement. He fulfills other obligations as well, typical for definite contract, as he prepares and realizes the investment and hands out an apartment to the purchaser. In return the purchaser pays the set remuneration already before acquiring the freehold apartment. The cause and consideration of the developer's activity is the intention to transfer the investment onto the purchasers, who on their side are interested in acquiring the chosen freehold flats. The performances of the parties are economically equivalent. The cause of entering the development contract as well as the relation between the obligations of the parties distinctly diverge from the characteristics of the preliminary contract. The abstract qualification of such contract as an obligating agreement other than the preliminary contract is not possible. Thus, it is necessary to analyze in each case the purpose of the concrete contract and the intentions of the contracting parties. It might be significant in praxis as the parties are free to choose the form of the preliminary contract and are obliged to enter the contract obligating to transfer the freehold in form of the notarial deed, which in other case is void. The hereto assignment presents the hints and arguments helpful in process of the interpretation an legal qualification of the development contract.

Dariusz Fuchs

Znaczenie przymusu w ubezpieczeniach komunikacyjnych

The significance of insurance compulsion in civil liability motor vicle insurance
The paper presents influences the european (community) conflict law on material compulsory insurance contract law in the case of civil liability motor vicle insurance after insurance reform in Poland. The author underlines the necessity of secondary law definition of risk localisation and obstacles related to freedom of law choice becouse of proper description idea of insurance complusion in Polish insurances. For this reason the essential question is conformity Polish insurance law related to civil liability motor vicle insurance with Community standards. Idea of insurance compulsion is essential nowadays becouse of the numerous obligatory classes of insurance in Poland.

Paweł Czepiel

Instytucja "programów dostosowawczych" w rozumieniu art. 422-441 ustawy "Prawo ochrony środowiska"

The adjustment programme according to art.422 - 441 of the Environmental Protection Law Act
The range of instruments of environmental protection is wide. One of them is the adjustment programme adopted in 2001 in the Environmental Protection Law Act. The reason for adopting the adjustment programme is quite obvious. The changes in the national law concerning environmental protection are serious and it is quite possible that various companies would have difficulties applying the new rules. Due to the adjustment programme provisions some of the companies get time to adapt their activities to the new obligations during the transition period. This article shows which company is entitled to ask for setting up of the adjustment programme, and specifies the conditions which must be met by the company in order to establish the said programme. The article also contains a review of the following issues: legal proceedings, advantages and the consequences of conditions infringement of the programme.

Orzecznictwo w sprawach gospodarczych

Elżbieta Skowrońska-Bocian

Sąd Najwyższy
I. Opłata podstawowa przy zarzutach od nakazu zapłaty
II. Opłata przy skardze na czynności komornika
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