Przegląd Ustawodawstwa Gospodarczego Nr 06/2008

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Artykuły

Aleksander Lipiński

Niektóre rozwiązania projektu nowego prawa geologicznego i górniczego 
 

Some remarks on the draft of new geological and mining law
Draft prepared by the Ministry of Environment provides numerous amendments. First of all they provide the clarification of the rules referring to the mining activity and try to remove the solutions which may be evaluated as bureaucracy. Their main aim is the simplification of the legal conditions of the mining activity, reduction of its costs and strengthening of the legal position of the investor. The basic proposed amendments are referring to: a) property of minerals; those which have the key meaning to the economy, always belong to the State Treasury (mining property); b) the exploration licence (exploration concession) shall be required only for the exploration of some minerals belonging to the State Treasury; c) mining rights are to be granted (as now) by the mining licence (concession), but the legal criteria, especially referring to granting procedure shall be simplified by the clear connection with the town and country planning system; d) the legal stability of the mining licence (concession); if it is granted with the flagrant violation of law, but the activity has been initiated, the nullification of such licence is not possible (however that who because of such licence has suffered the damage, has the right to compensation).

Marek Szydło

Prywatyzacja spółek Skarbu Państwa. Uwagi "de lege ferenda"

Privatization of state companies. Some de lege ferenda remarks
Due to the fact that process of commercialization of state's undertaking is about to finish (as legislator ordered to complete this process), the main process of transformation regulated in Commercialization and Privatization Act is nowadays privatization of state companies. But closer analysis of the legal norms which regulate this process leads to the conclusion that many juridical aspects of this privatization are regulated very inconsistently and in a wrong way. The main deficiencies of the current regulation are the following: 1) the definition of the indirect privatization (contained in the abovementioned Act) remains in apparent contradiction to the economic nature of privatization, 2) the variant of indirect privatization which consist in raising the companies' capital and in the accession of the new share-holder can be applied only in case of purely state companies (and not in case of such companies which are held by the State partly), 3) this latter variant of indirect privatization is - from the practical point of view - underregulated, especially in regards to the procedural issues, 4) it is unknown how - from the procedural point of view - to conduct the direct privatization of the assets of the state companies. In this article there are presented concrete solutions of the described issues and at the same time the concrete proposals de lege ferenda.

Igor Postuła

Współczesne reguły dopuszczalności pomocy publicznej na badania, rozwój i innowacje

Community rules for state aid for research, development and innovation
According to the article 163 of the EC Treaty, promoting research, development and innovation (RDI) is an important objective of common interest. In this context the Commission underlines that competitive markets should in principle, on their own, lead to the most efficient outcome in terms of RDI. However, this may not always be the case in the field of RDI particularly due to the market failures which may prevent the market from reaching the optimal output and lead to an inefficient outcome. The instrument, which may play a role in counter-weighing inefficiencies due to market failures, is state aid. The main problem of applying this instrument is that it distorts competition, which is at the same time a crucial factor for the market-driven stimulation of investment in RDI. Therefore, state aid for RDI shall be compatible if the aid can be expected to lead to additional RDI and if the distortion of competition is not considered to be contrary to the common interest, which the Commission equates with economic efficiency. On November 22th 2006 the Commission has adopted a new Community framework for State aid for RDI, which has entered into force on January 1st 2007. The aim of the framework is to ensure that state aid will reduce the market failures on the field of RDI and thereby enhance economic efficiency on the common market without distortions to competition. The Commission intends also to adopt new block exemption Regulation which will replace all previous regulations. The new Regulation will also relate to state aid for RDI. The author analyses Community framework for State aid for RDI and draft of the new block exemption Regulation taking into consideration the main challenges on the European Union policy on the area of RDI.

Mariusz Fras

Regulacja prawna umowy ubezpieczenia w ustawodawstwie hiszpańskim

The Insurance Contract Law in Spain
The framework of Spanish legislation is Law no 50 of 8 October 1980 on insurance contracts. It contains the general contractual system for insurance. However regulations of the specific kinds of insurance we find in particular normative acts such as Law of 26 September 1941 concerning compulsory travel insurance. It just goes to show that legal system of insurance contract law in Spain is diversified. As the Spanish 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 aim of this article is to present and describe the most important aspects of the contract of insurance in Span.

Recenzja

Stefan Jerzak

Rachunkowość bankowa (Ewa Popowska, Włodzimierz Wąsowski, "Rachunkowość bankowa po zmianach", Warszawa 2008)

Orzecznictwo w sprawach gospodarczych

Elżbieta Skowrońska-Bocian

Sąd Najwyższy
Przedawnienie roszczenia o wynagrodzenie z tytułu umowy o rejestrację i utrzymanie domeny internetowej