Przegląd Ustawodawstwa Gospodarczego Nr 07/2008

W numerze:

Mariusz Fras

Regulacja umowy ubezpieczenia w Irlandii

The Insurance Contract Law In Ireland
As in the United Kingdom, legal foundations of insurance contract in Ireland can be mostly found in common law. This encompasses all classes of insurance, which are thus subject to general provisions of the law of contract. Common law, however, is occasionally supplemented by certain statutory sources, among which the Marine Insurance Act 1906 should be mentioned. Regard should also be paid to the European directives on law of motor insurance, which by implementation in Ireland provided to some extent respective statutory framework. Since these regulations are rather exceptional, it can be stated that parties in principle enjoy contractual freedom as to the contents of the insurance contract. Possible abuses of that freedom resulting in infringement of policyholders' rights are mitigated by Codes of Practice adopted within the Irish Insurance Federation (IIF).

Artykuły

Michał Będkowski-Kozioł

Odmowa świadczenia usług (dostępu do sieci) na gruncie "Prawa energetycznego"

Refusal of providing transmission services (grid access) under the energy law1.
The problem of legitimate reasons under which the grid operator has the right to refuse the transmission services, i.e. the right to refuse the access to the grid, belongs to the most significant aspects of Third Party Access regulation in the energy sector. The practical enforcement of Third Party Access provisions in energy law depends on punctual and reasonable form of these reasons, as the access is a "rule", whether the refusal an "exception". The article analysis these legitimate reasons on a broad background of regulations not only in the Energy Law Act 1997, but also those of civil law. The community law regulation and its impact on polish energy law has been taken into account, as well. 2. The rules concerning the access to grid, which under the polish energy law is called "transmission services", are established in art. 4 sec. 2 and art. 4c - 4e Energy Law Act. Art. 4 sec. 2 an the following provisions of Energy Law Act impose the obligation to provide transmission services through the electricity or gas grid on all grid operators. These operators are entitled to refuse the transmission services, if particular circumstances occur. However, these circumstances are not settled down in the Energy Law Act - with exception of some legitimate reasons for the gas sector - and need to be "reconstructed". 3. The problem of legitimate refusal has been already subject of consideration under the "essential facilities doctrine", where two types of refusal reasons has been generally accepted, i.e. of technical or economical nature. To the technical reasons belong such ones as: the lack of sufficient transmission capacity, danger for technical safety of facility, or danger for the proper conduct of business of essential facility holder. To the economical reasons belong: the lack of practicability, the lack of incentives for modernization and extension of facility, and first of all, insufficient credibility of the applicant. These circumstances have been implemented in Community law as well as in the Polish Energy Law Act.

Anna Zalcewicz
Edyta Rutkowska

Nadzór nad zrzeszonymi bankami spółdzielczymi

The banking supervision on affiliated cooperative banks
This article analyzes the role of banking supervision in financial stability on affiliated cooperative banks. The aim of this study is full description of the rules the banking supervision of affiliated cooperative banks. There are two parts of this article. The general rules of banking supervision are described in the first part. In this part the subject of analysis is supervision over the activities of all banks, including the scope and control procedure. The second part of the article presents specific rules of banking supervision which are adapted to the activities of affiliated cooperative banks. These rules are regulated in the Act on the Operation of Cooperative Banks, their Affiliation, and Affiliating Bank of 7 December 2000 (Journal of Laws No. 119, item 1252, with later amendments). It is the reason that authors focus on this act in their analysis in this part.

Krzysztof Haładyj

Reżim odpowiedzialności odszkodowawczej na podstawie art. 98 ustawy o ofercie publicznej

The regime of the civil liability based on the Article 98 of the Act on Public Offering
The article discusses the contractual and tortious aspects of liability for breaching disclosure obligations of issuers, connected with presence of securities in trading on regulated capital markets. The main regulation is the Article 98 of the Act on Public Offering which sets forth the specific terms and conditions of the civil liability for breaching the issuers' disclosure obligations. The Article 98 of the Act on Public Offering does not, however, specify the regime of the liability. Consequently, in that respect, it is necessary to refer to the general regulations of the Civil Code. Nevertheless, it is also necessary to take into consideration the legal nature of the relevant types of disclosure obligations including the prospectus obligations as well as the obligations connected with publishing inside information and current and periodical information. Subsequently, when reviewing different types of disclosure obligations, it can be noticed that the most common regime of liability which applies is the tortious model of liability. It applies both to the prospectus liability and to the liability connected with publishing inside information as well as current and periodical information. It concerns not only the issuers but also other entities supporting the issuer in realizing its information policy. However, in case of the prospectus liability, it can be argued that due to the nature of legal relations between the issuer and the investors, the contractual model of liability can also be used. The proper identification of the regime of liability is essential for a better understanding of securities litigation mechanisms. It has also a significant impact for claiming damages by investors.

Orzecznictwo w sprawach gospodarczych

Elżbieta Skowrońska-Bocian

Sąd Najwyższy
Złożenie oświadczenia o wszczęciu postępowania naprawczego w sądzie niewłaściwym a bieg terminu z art. 494 ust 3 p.u.n.