Przegląd Ustawodawstwa Gospodarczego Nr 05/2009

W numerze:

Tomasz Krawiel

Konstytucyjne podstawy cła jako daniny publicznej określonej przez prawo wspólnotowe.Zastępowalność ustawy przez akt prawa wspólnotowego

Constitutional bases of customs duty as a public impost determined by Community law.
Substitutability of statute by acts of Community lawCommunity law regulates customs duty, as a public impost, in accordance with the Constitution. Customs duty regulated by Community law binds within the territory of Poland as a result of delegation of competences of state authority organs in this scope to the European Union, which was done on a basis of international agreement - the Treaty of Accession, as required by article 90(1) of the Constitution. Regulation of customs duty by Community law, as regulation done differently than by statute, does not infringe article 217 of the Constitution. The Constitution allows substituting national forms of law, such as statute, by other forms specified by the Constitution, such as international agreement, in accordance with article 89(1) and article 90(1) of the Constitution. When regulation of customs duty is done by the national legislator it may be passed by statute exclusively, however when such regulation is done as a consequence of transfer of specified competences to the European Union, in accordance with article 90(1) of the Constitution, it may be passed by acts of Community law substituting statute.

Magdalena Solan
Krzysztof Padrak

Odpowiedzialność cywilnoprawna w Prawie ochrony środowiska

Civil liability in Polish act of Environmental Protection Law
In this paper the rules of civil liability in Polish act of Environmental Protection Lawwere discussed. This issue, owing to rising importance of environmental protection in contemporary world, is crucial for all subjects of law in Poland. In this study types of civil-legal claims with regard to claims of abandonment of environment infringement were also shown as well as claims concerned with repair damages, results of threatening environment activity. This publication should help subjects of rights with proper application the construction of civil responsibility against of breakdown of infringement of act of Environmental Protection Law.

Unia Europejska
Mariusz Fras

Regulacja umowy ubezpieczenia w Finlandii

The Insurance Contract Law in Finland
Legal foundations of insurance contract in Finland can be mostly found in Insurance Contract Act no 543/94. It contains the general contractual system for insurance. As the Finnish contract law is mainly based on contractual freedom, any conditions as to the contents of insurance contract have not been generally imposed on the parties. There are some exceptions, in which the parties, or the insurer in particular, are bound to observe certain legal requirements. The protection of weaker party of legal turn is the characteristic feature of the Finnish regulation. Thus, the aim of this article is to briefly introduce the general outline of contract of insurance under Finnish law.
Prawo własności intelektualnej

Jan Błeszyński

Glosa do uchwały składu siedmiu sędziów Sądu Najwyższego - Izba Cywilna z dnia 25 listopada 2008 r. III CZP 57/2008