Przegląd Ustawodawstwa Gospodarczego nr 08/2012
Rok wydania: 2012
Miejsce wydania: Warszawa
Przegląd Ustwodawstwa Gospodarczego nr 8/2012
Leszek Karski, Uniwersytet Kardynała Stefana Wyszyńskiego
Podstawowe instrumenty wsparcia odnawialnych źródeł ciepła w ramach sieci ciepłowniczych – aspekty prawne
The main instruments to support renewable heat sources in the district heating networks - legal aspects
The development of renewable heat sources belongs to important public tasks. It doesn’t take too much mental effort to link the development of the renewable energy heating sector with implementation parts of the Polish obligation under Directive 2009/28/EC. Implementation can not proceed without adequate regulation on renewable heat. This article explores the provisions of Polish energy law, which provide a path for investors and entrepreneurs in the heating sector. Legal solutions in an analyzed area covered the main support instruments. Particular emphasis in this article was placed on the legal institutions of: planning, grid connection, obligation to purchase the heat generated at renewable energy sources and obligation to connect to the heating network. These types of instruments will be used mainly at the stage of investment and during the sale of heat. They will be interesting both for those who already produce heat at renewable energy sources, as well as for potential investors. This article is devoted to legal issues of the main support instruments for renewable heat in the heating systems. The first section briefly examines provisions on energy planning. The second part of the analysis focuses on the grid connection aspect. In the third section the author examines the fundamental instrument - obligation to purchase the heat generated at renewable energy sources. The next part of the article reviews a new instrument - obligation to connect to the heating network. The article concludes with an assessment of current legislation and some proposals de lege ferenda in the context of the provisions of a future law on renewable energy sources.
Katarzyna Babiarz-Mikulska, Sędzia Sądu Rejonowego
Skutki prawne ogłoszenia upadłości strony w procesie cywilnym - regulacja prawna po nowelizacji Kodeksu postępowania cywilnego
The law effects of the bancupt declaration during the civil process – the regulations after the amendments of the Code of civil proceedings.
This article is an attept to order the problems of the bankrupt declaration of the party to a suit during the civil process in the current polish legal regulations. The problems connected with it are very impotrant for the reason of the changes of the polish law in this part. The article describes the rule of the proceedings suspend according to the stage of proceedings. It distinguishes the problems connected with the bankruptcy of the opposite parties to a suit. The article implies the legal nature of the bankruptcy estate and the other premisses of the proceedings suspend considering the bankrupt declaration of the party to a suit. The authoress shows the premisses of the civil process resuming after the suspending of it considering the bankrupt declaration of the party to a suit. The article also implies the modifications of the main rules arises from the bankruptcy law.
Mariusz Grabowski, Katolicki Uniwersytet Lubelski Jana Pawła II
W sprawie przesłanek czynu nieuczciwej konkurencji
On the prerequisites of the act of unfair competition.
The subject of the article is to identify the legal prerequisites of acts of unfair competition and the meaning of these prerequisites on the ground of the Act 16 April 1993 on suppression of unfair competition.
The provisions of Chapter 1 of the Act shall include the following prerequisites of act of unfair competition: 1) relationship the act on economic activity, 2) relationship the act with the category of competitiveness, 3) the illegality of the act, 4) injuriousness of the act.
All these conditions must be met for an act of unfair competition. This requirement also applies to the acts described in Chapter 2 of the Act. The provisions of Chapter 1 and 2 of the Act constitute a lex specialis in relation to other laws, including the civil code. For the act of unfair competition is not therefore required: the wine of the perpetrator or the damage. Just the threat of economic interest.
Prerequisite of economic activity is the infringement or threat to the interest of an economic nature.
Prerequisite of competitiveness means the application of the act solely to such actions, which are acts of competition. Being "competition act" should be understood widely, in two aspects: 1) relations of competition between specific parties, 2) the desirable order of these relationships, understood as the fairness of competition in general.
Prerequisite of the illegality of the act means that the breach of law should be important for the competitiveness.
Prerequisite of the injuriousness of the act should be understood widely. Not only in relation to specific entities, but also for the good of the integrity of the competition (public interest - article 1 of the Act).
The author emphasizes the special role of such understanding of the prerequisite of competitiveness. The right meaning of this prerequisite is important for the safety of application of the law and for respect the ratio legis of the Act, which is the integrity of the competition.
Tomasz Wołowiec, Wyższa Szkoła Informatyki i Zarządzania w Rzeszowie
Przeniesienie własności rzeczy lub praw majątkowych spółki na rzecz wierzyciela podatkowego, jako forma wygaśnięcia zobowiązań podatkowych
Transfer of ownership of an object or proprietary rights of a company to the tax creditor as a form of expiration of tax obligations
The possibility of transferring the ownership of real estate to the creditor is an exception to the principle of fulfilling the obligation in a monetary form. We can distinguish two cases, namely: fulfilling the claims of a public or private creditor.
Article 66 of the Tax Ordinance allows to fulfill the claims of a public and private creditor by transferring the ownership of real estate or movable assets on them in return for tax arrears from taxes which constitute the income to their budgets. The regulation in article 66 indicates that it is a specific form of expiration of tax obligations. As a rule, taxes are paid in monetary form. Thus this method is based on satisfying the creditor’s claims by contribution in kind.
The expiration of the obligation is then in form of a civil and legal activity, that is, through signing a contract on the virtue of which the tax creditor acquires the property of an object or proprietary rights. Making such a contract by a representative of the Treasury or a self-government unit is not an authoritative administrative activity but is a sign of civil and legal freedom in making contracts.
Łukasz Kasprowicz, Wyższa Szkoła Handlu I Prawa im. Ryszarda Łazarskiego
Implikacje idei państwa opiekuńczego i solidaryzmu społecznego dla rynku pracy
Implications of the Idea of the Welfare State and Social Solidarity for the Labour Market
The article accentuates the genesis of the welfare state idea and the implications of its realization in the social life. It describes certain constitutional functions and obligations of the state towards the citizens with respect to social security as well as consequences of these obligations’ implementation for the labour market participants.
It undertakes to criticise the so-called public care concerning the determination of minimum wages detached from market conditions and effects of real economy, as well as establishment and preservation of privileges for chosen social groups. It enumerates certain bureaucratic government institutions, with a fiscal character in the author’s opinion, bringing about adverse consequences for the labour market, entrepreneurship and economic freedom.
It also highlights negative phenomena of the developing bureaucracy and salary fiscalism leading to the increased unemployment, as well as higher deficit and state operation costs. It pays attention to adverse phenomena stemming from the implemented idea of the welfare state, from the intervening role of the state, as well as absence of social dialogue and equilibrium of powers on the social market.
The article includes also suggestions and remarks concerning social dialogue, organisation and rationalisation of the state care functions. The dialogue and understanding between social partners are considered the major tools for creating conditions for the development of entrepreneurship, increased employment, welfare and opportunities for fulfilling the citizens’ needs and for constructing a civic society.
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