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Przegląd Ustawodawstwa Gospodarczego Nr 06/2009

Przegląd Ustawodawstwa Gospodarczego Nr 06/2009

Dostępność: Produkt niedostępny
Liczba stron: 32
Miejsce wydania: 2009 Warszawa
Oprawa: miękka
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Paweł Wajda

Obligacje skarbowe oferowane na przetargach (hurtowe obligacje skarbowe) - istota, rola i emisja

The government bonds - the process of issuing and the role on the capital market in Poland
The main purpose of this publication is to present the legal and the financial status of the government bonds that are denominated in polish zloty and are issued by the polish government especially for the financial institutions that are operating on the polish financial market. It should be noticed that during an economic crisis, financial institutions often seek for the financial assets that offer them fixed income over a fixed period of time. As a one of the results of an economic crisis the government bonds are becoming nowadays more and more popular among the financial institutions that flee to perceived safety. In fact the government bonds are one of the safest types of investment, because they are endorsed by the government, and therefore, the rate of credit-risk is extremely low. This article explains how the legal regulations In Poland allow reducing the mentioned risk, and how the government bonds are issued step-by-step.

Konsultacje

Łukasz Gołąb

Sektorowy organ regulacyjny w zakresie transportu kolejowego

Sector-specific regulatory authority for the rail transport
Problems and issues connected with the sector-specific regulation of the rail transport in Poland, especially regarding the status and competencies of the rail transport regulatory authority, i.e. the Chairman of the Rail Transport Authority (Prezes Urzedu Transportu Kolejowego), have not been subject to broader discussion in the polish legal doctrine so far. The main aim of the article is to fill in this gap, through presenting and discussing the issues regarding the status, internal organization, competencies, finances, sector-specific character and guarantees of independence of the Chairman of the Rail Transport Authority. Author, taking into consideration the changes in the whole rail transport sector and referring to institutional regulations in other network-bound sectors, such as energy and telecommunication, points out the need of creating the specific legal guarantees for the independent conduct of regulatory authority as a key issue for the enforcement of a coherent and effective regulatory policy for the rail transport sector.

Unia Europejska

Mariusz Fras

Regulacja prawna umowy ubezpieczenia w ustawodawstwie holenderskim

The Insurance Contract Law in Netherlands
The main legal framework of insurance law in Netherlands is incorporated in the "New" Civil Code (Nieuwe Burgerlijk Wetboek) Part 17, Book VII, introduced by virtue of the amendment of December 2005. These provisions apply in principle to all categories of insurance, except for reinsurance, transportation and marine insurance, which are subject to more specific regulation envisaged in the Commercial Code (Wetboek van Koophandel). The aim of the article is to briefly introduce the general characteristics of Dutch insurance law, with respect to the methods of ente ring 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

Jerzy Szczotka

Odbiór nadawanych utworów w miejscu prowadzenia działalności gospodarczej

Receiving broadcast works at the place where economic activity is performed
Article 24 (2) of Polish Act of 4 February 1994 on Copyright and related rights provides, that owners of devices used for receiving radio Or television programme may receive by means of such devices broadcast works even if such devices are located in a public place, provided that it is not connected with the obtaining of material benefits. Receiving broadcast works at the place of performed economic activity is permitted - as an exception to a rule - provided that it is not connected with the obtaining of material benefits by an enterpreneur. The burden of proof is imposed on the owner of proper devices, that the character of such receiving is legal. In practice, this task is al most impossible to fulfil for an enterpreneur (since his natural purpose is to obtain benefits), the more so that there is a requirement to proce negative prerequisites here - giving the evidence of non-existence of particular circumstance. It is necessary to support the postulate form relaxation of evidence requirements in such cases - f. i. courts could more widely admit the usage of factual presumption. It also would be useful to establish some general rules to facilitate examination of actual cases in this field. Firstly, it should be a rule that receiving broadcast works is not connected with the obtaining of material benefits by an enterpreneur, when this process is performed in the place of production. Secondly, there should be a different opinion in the case of services performed in culinary, entertainment, recreation and sports center (f. i. discos, coffee shops, bars, restaurants, gyms, fitness clubs), where receiving broadcast works is closely connected with the obtaining of material benefits by an enterpreneur. Long route transport services (f. i. within the framework of tourism) and hotel (as well as holidays Or sanatoriums) services could be here included too. These last ones only when devices used for receiving are located in a place accessible to the public - hotel club, hall, restaurants, bar. But on the contrary, when receiving is performed by a tenant inside a rented apartment - in my opinion such an act should be included in the sphere of permissible statutory personal use. Thirdly, as concerns the other kinds of services (f. i. carpentry, medical, hair-dresser, consulting) and generally in the field of commercial activity, it is justified to draw the conclusion that the analysed receiving is here not connected with the obtaining of material benefits by an enterpreneur. Large sale-service entrprises, such as super and hypermarkets, may be regarded here as an exception.
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