Przegląd Ustawodawstwa Gospodarczego Nr 04/2009

W numerze:

Katarzyna Marak

Domniemanie uznania reklamacji przez organizatora turystyki: konsekwencje materialne

Presumed acceptance of complaint by a travel agency and its consequences under substantive and procedural law
The problems relating to non-performance or undue performance of obligations is of great practical significance and the issue of complaints and complaint procedure belong to the most troublesome in the hospitality industry. However, neither the domestic nor the community legislator have devoted enough attention to the above problems, leaving their regulation to the contracts concluded between clients and travel agencies. Contracts for tourist services are usually adhesive and tend to include abusive clauses, also with respect to complaints. The above observation is based on the results of several consecutive reports prepared by UOKiK (Office of Competition and Consumer Protection). Among the few regulations concerning complaints and complaint procedure included in the act on tourist services (a.t.s.), the most significant is the presumption under article 20.6 a.t.s. serving as protection for tour operators clients. In accordance with the above presumption, if the tour operator does not respond to a complaint lodged by the client within a time specified in the above act, the complaint is deemed to have been accepted as valid. It is then in the best interest of the tour operator to process the complaint. Otherwise, if the tour operator remains silent, the regulator presumes a legal fiction under which the travel agency approved the clients claim. Thus, if the tour operator fails to respond to a complaint, the above-mentioned presumption causes that the burden of proof is moved from the client as a plaintiff to the defendant entrepreneur.

Unia Europejska

Mariusz Fras

Regulacja prawna umowy ubezpieczenia w ustawodawstwie belgijskim

The insurance contract law In Belgium
The statutory origins of Belgian insurance law are rooted in the nineteenth century. Presently, the law on insurance of 11th June, 1874 governs only specific fields of insurance; e.g. marine insurance, reinsurance for goods in transit or baggage insurance. Its general application has been excluded by the law of 25th June, 1992 on land insurance contracts (Wet van 25 juni 1992 op de landverzekeringsovereenkomst), which provided the main legal framework for insurance in Belgium. As a result, all classes of insurance are subject to the statute of 1992, without prejudice to certain modifications envisaged in more specific regulations. The aim of the article is to briefly introduce the general characteristics of Belgian insurance law, with respect to the methods of entering into the insurance agreement, withdrawal, rights and obligations of the parties, limitation of claims, basis for establishing the insurance performance (indemnity - based or fixed - sum) and chosen categories of insurance.

Prawo własności intelektualnej

Monika Gromotowicz Współtwórczość utworu audiowizualnego

Co-authorship of audiovisual work
The subject matter of this study is design to cover the problem of interpretation on a co-authorship of audiovisual work and to clear up the doubts whether the audiovisual work is always a co-authorship work. A detailed analysis of definitions of a co-authorship work and an audiovisual work and also the whole process of creating these two works supports the theory that you cannot overdo the issue of co-authorship of an audiovisual work. The audiovisual work has a multilateral structure, which consists of a lot of elements by an enormous input of different authors. In Article 69 of ACT of 4 February 1994 ON COPYRIGHT AND RELATED RIGHTS, Polish legislator uses the phrase: "co-authors of the audiovisual work". Using the phrase does not mean anything special particularly in the context of what is written in Article 36 of ACT. In my opinion Article 69 of ACT is a general regulation, which decides upon the legal character of an audiovisual work according to the facts of the case.

Maciej Bernatt

Glosa do wyroku Sądu Apelacyjnego w Łodzi (I ACa 15/06) z dnia 17 maja 2006 r. w sprawie