Przegląd Ustawodawstwa Gospodarczego nr 07/2010
Rok wydania: 2010
Miejsce wydania: Warszawa
Anna Walaszek-Pyzioł, Uniwersytet Jagielloński
Wojciech Pyzioł, Uniwersytet Jagielloński
Skutki prawne śmierci wspólnika handlowej spółki osobowej
Legal consequences resulting from death of a partner in commercial individual corporation
In the opinion presented by the authors of this study the legal formula of entering into individual partnership by the successor of the partner should be repealed as a whole. The basis for this solution was – as it is commonly accepted – an idea allowing a possibility to continue the individual partnership’s activity after a death of one of the partner by the members of his family ( an idea of “family enterprise” promotion). This idea may be realized, with equal success, by the regulation, in which main solution is a right to enter into company in determined period of time (first date of the term and final term) , indicated by the partners, basing on a special clause included in the partnership agreement.
Małgorzata Balwicka-Szczyrba, Uniwersytetu Gdańskiego
Umowa sprzedaży ciepła zawarta z przedsiębiorcą energetycznym
The contract on heat sale concluded with energy enterprise
The article discusses the issue of contracts for the sale of heat energy. One must note certain special features of these agreements. The main thesis of this article are:
1.The landlord of the multi-apartment building can not be the party to the contract
for the sale of heat energy concluded with the energy trader.
2. There are no special requirements as to the form of the contract for the sale of
heat energy from the energy trader
3. The agreement on the subject and the price of the item provides the conclusion of the contract for the sale of heat energy.
4.The price for the heat energy, determined in relation to tariffs, in practice excludes the
possibility of its negotiation by the parties.
Rafał Jerzy Kruszyński, Uniwersytet Łódzki
Obrót produktem leczniczym w ramach rynku wewnętrznego
Medical produckt’s turnover within the UE common market
The article provides information about turnover of the medicinal products. The apprehension of the publication is focused on the European Union trade of medical products, however, one of the main issue is, how to understand the essence of the medicinal products turnover. In other words, the general question is: does the trade should be included as a civil law turnover or as a regulatory law turnover. This problem is very important because of the subject of the turnover – medicinal product.
Phenomenon of Common Market and its link with medicinal products trade is matter, shows in the article. Interesting is the role of the principles of the UE law and effect in the pharmaceutical trade. The article points out the differences between mandatory requirements and regulation of Treaty on European Union, about public health and its part in the medicinal products turnover.
Very important is also one of the possible form of medicinal products turnover within Common Market – parallel import. The article also provides information about provision of the parallel import and the differences between parallel import trade and import trade of medicinal products.
PRAWO WŁASNOŚCI INTELEKTUALNEJ
Jan Błeszyński, Uniwersytet Warszawski
Status prawny reżyserów radiowych
Proces likwidacji szkód komunikacyjnych w aspekcie zasady równorzędności i autonomiczności stron stosunków cywilnoprawnych
A Process of communication damage liquidation in aspect of equal principle and autonomy of sides in Civil Procedure Rules.
A progress of compensation investigation of an accident submitted by sufferer against Insurance Company has been discussed in this article. A problem has been taken to consideration in foothold of obligatory acts in this range, especially in The Insurance Act, Compulsory insurance Act, Actuarial guarantee fund, Polish Insurance office and Civil code. Main issues and institutions that take part in damage liquidation procedure has been characterized. Consecutive subsections indicate institutions that may be helpful for sufferer during that process- from damage application contribution, throughout appeal institutions, policy-holder's representative, Financial Oversight Commission, finishing at contributing the case for general court. An article in a complex and clear way determines insurer' and sufferer' rights and duties in aspect of equal principle and party autonomy.
These principles, set to balance both sides obligations are not always maintained correctly, what has been denoted in this article.
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