Przegląd Ustawodawstwa Gospodarczego Nr 12/2008

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Artykuły

Mirosław Budzicki

Statut jako jeden z determinantów wyceny akcji polskich spółek publicznych

The statute as a factor affecting the stock valuation in Poland
Net present value of future cash flows is a base to assess valuation of stocks listed on the stock exchange. However omitting the financial aspects, value of these instruments is also dependent on numerous factors like law regulations. One of the most important document regulated rights and obligations of company's owners is its statute. It may include essential obstacles limited influence of shareholders on the managing process and simultaneously changing positions of controlling or non-controlling shareholders. This article both analyzes the role of statute in process of asset valuation and points at special legal regulations which might change situation of particular groups of owners. The analysis was divided in three parts: rights and obligations of shareholders, supervisory and executive bodies and control systems. It shows the most important areas which can create limits for shareholders' activity.

 
Ewa Galewska

Stosowanie wzorców w umowach o świadczenie usług telekomunikacyjnych - zarys problemu

 
Using of patterns in the contracts on provision of telecommunications services - draft of problem

Provision of telecommunications services in Poland have to be based on contract that in case of publicly available telecommunications services1 should be concluded in writing. The Telecommunications Act specifies the minimum requirements of clauses of the contract for providing telecommunications services and prohibits the placing of certain clauses that would hinder end-users from using services from another supplier. Every provider of publicly available telecommunications services has obligation to apply special regulations and tariffs determining terms and conditions of the provision of services, any amendment of which entitles users to terminate a contract. The tariffs and regulations should be announced publicly and delivered to subscriber free-of-charge together with the contract, as well as at every subscriber's request. The legislator laid down essential scope of such regulations and tariffs and reserved the right of control of them to the President of UKE. [Except for agreements for the provision of telecommunications services concluded per facta concludentia including in particular agreements for the provision of telephone services by means of a public pay phone or by dialing an access number to the network of a service provider (Art. 56.5 of the TA)]

Jakub Kępiński
Konsekwencje wprowadzenia "klazuli napraw" w ustawie Prawo własności przemysłowej

Consequences of incorporating of repair clause in the Polish Act on industrial property
An issue of protection of spare parts used to repair a complex product in order to restore its original appearance has been for years discussed in the European Union. There is still a dispute between motor car manufactures, who own the exclusive rights to the registered industrial design and argue that these rights constitute compensation for their outlays, and independent spare parts producers, who claim that such protection should be excluded to ensure competition on the spare-parts-market. Last year the Polish legislator has resolved the dispute (but of course only on domestic level) by incorporating a repair clause in the Polish Act on industrial property. As a result the protection of manufactured good as an element of a complex one used to restore its original appearance is excluded. It can creates legal uncertainty due to the fact that some of the Member States of EU provide the protection of spare parts. It has still be decided and harmonized in European Law. The intention of the author was to elucidate the problem of legal protection of spare parts used to restore the appearance of original complex product. The paper focuses on the presentation of requirements of protection of spare parts : novelty, individual character and visibility. The author tries as well to predict the consequences of incorporating this clause in the Polish legal system. The concepts and solutions proposed in recent years and the current stand point in the EU are only shortly presented.

Mariusz Fras
Regulacja prawna umowy ubezpieczenia w Danii

The Insurance Contract Law in Denmark
Legal foundations of insurance contract in Denmark can be mostly found in Act on Insurance Contracts (Consolidated Act no 726 of 24 October 1986). It contains the general contractual system for insurance. As the Danish 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. Thus, the aim of this article is to briefly introduce the general outline of contract of insurance under Danish law.

Orzecznictwo w sprawach gospodarczych

Elżbieta Skowrońska-Bocian
Sąd Najwyższy
Lista wierzytelności oraz zaspokojenie roszczeń o odsetki z wierzytelności zabezpieczonej hipoteką w postępowaniu upadłościowym